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Reasons
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(영문) 부산지방법원 2016.01.14 2015노3667
사기
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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s assertion 1) At the time of the Defendant’s acquisition of the shares of “G” (hereinafter “G”), the actual asset value of G was equivalent to KRW 10 million, and the victim was well aware of the financial status of G at the time of G through the wife of the victim working for G. Thus, the Defendant deceiving the victim of the value of G’s assets, future profits, etc., or had the intent to defraud the victim.

subsection (b) of this section.

Nevertheless, the court below erred by misapprehending the facts charged as guilty.

2) The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The prosecutor’s assertion of the lower court (four months of imprisonment) is too unhued and unreasonable.

2. Determination

A. 1) The summary of the Defendant’s assertion of mistake of facts is as follows: (a) as the Defendant actually held 62,500 P.S. S., the Defendant’s 62,500 P. M. and 1,000 P. M., the Defendant had the victim take over 100,000 P. M.’s 10% of G’s 100,000 P.C.; and (b) thus, in order to determine whether the Defendant was accused and the criminal intent of defraudation, it should be examined whether the value of G’s 1,50,000 P.S. 1,00 P.

2) According to the evidence duly admitted by the lower court: (a) around February 2013, G’s asset value may be somewhat higher than 62,50 SP as stated in the articles of incorporation; (b) however, it does not seem that the company’s asset value was 160 times more or more than 10 million SP as stated in the articles of incorporation, and several months.

Since the Defendant, as the vice president of the first investor of G, was involved in the operation from the date of establishment of G, the Defendant was well aware of the financial situation and asset value of G at that time.

① Around August 2012, G was established upon the Defendant’s investment of KRW 15,625 Paint ( approximately KRW 375,000) from the 7 shareholders, as well as by the 62,50 Paints.

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