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(영문) 대전고등법원 2016.08.26 2015노388
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. In the first instance of the judgment ex officio, the prosecutor changed the name of the crime against the Defendants from the "Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)" to the "Fraud", and the applicable provisions of the law to the "Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) and Article 347 (3) and Article 30 of the Criminal Act" respectively, and applied for the amendment of the indictment to the "Article 347 (1), (2), and Article 30 of the Criminal Act" as the "Article 347 (1) and (30 of the Criminal Act," and the amendment of the indictment to the "Amended charges" as stated below, and the court permitted the amendment and changed

Accordingly, the judgment of the court below can no longer be maintained.

[Revised facts charged] Defendant A is the representative director of F Co., Ltd. (hereinafter “F”), who is a person in charge of overall management of the above company’s business, and Defendant B is a director of the above company, who is in charge of the management and operation of H H hotel located in Daejeon-gu, Daejeon (hereinafter “instant hotel”).

around September 15, 201, the Defendants concluded a consignment management agreement (hereinafter “instant agreement”) with I and the J attached to the said hotel (hereinafter “instant BS agreement”) at the instant H’s 2nd hotel coffee shop around September 15, 201, with I, and it is difficult for I to directly operate the said BS agreement in the instant hotel because there is no operational experience in the instant LS business.

A’s HH is interested in hotel futures business so that 50% of the investment will be made in the hotel business, and as such, the above branch and the Dong business enter into an entrustment management agreement with respect to the instant airline which is used from the third to the sixth floor of the said hotel. The amount of KRW 470 million as security deposit shall be paid to F, and the amount of KRW 330 million as security deposit shall be paid to the current business suspension entities, such as the obligation to return security deposit, etc., which are currently entering the said airline. In the note, it would be able to operate the said airline agreement for a period of 10 years.

At least 40,000,000 won has been paid in one month because it is well doing so.

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