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(영문) 광주지방법원 2016.05.10 2015노1633
사기
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was invested by the injured party in relation to D Co., Ltd. (hereinafter “D”), and during that process, the Defendant did not deceive the injured party.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in fact.

B. Even if the sentencing is not unfair, the sentence of the lower court (two years of imprisonment) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of the facts charged of the instant case was established on April 21, 2008 with the aim of manufacturing and supplying all shareholders, including street lamps, as KRW 10,00 won per share price, KRW 10,000 won per share, and KRW 100,000 won per share. D, with the net assets from KRW 18,000,000 to KRW 7,1180,000, KRW 7,4690, KRW 9,540,00 as at the time of its establishment, was reduced to KRW 430,000 to KRW 209,3250,000 to KRW 40,000,000 to KRW 74,000,000,000 to KRW 174,000,000,000 to KRW 74,000,000,000 to KRW 284,000,00.

The defendant's introduction of E around November 18, 2009 to the victim who met with E.

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