(영문) 서울중앙지방법원 2017.05.18 2017노281

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.05.18 2017노281

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the conviction of Defendant (1) of the lower judgment of the lower court based on the misunderstanding of facts or misapprehension of legal doctrine, there was no rumor that the victim made, “the victim would have been in excess of the EM,” and the victim also invested KRW 20 million in order to obtain a transfer of the production company shares held by the Defendant. As such, there was a criminal intent to defraud the victim by deceiving the victim, or by deceiving the Defendant.

subsection (b) of this section.

(2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

B. As to the acquitted portion of the lower judgment of the prosecutor (1) misunderstanding of facts or misapprehension of legal principles, the Defendant: (a) enticed the victim as if he had the intent or ability to repay the investment money to the victim, even though he was unable to perform the ED manufacturing project due to the lack of the ability to perform the said project; (b) had the intent to use 200 million won invested by the damaged party for personal debt repayment and living expenses, etc. without using it as the project expense; (c) had committed a fraudulent act as to the purpose of the investment money by not notifying the victim; and (c) had the victim stated a extreme copy, Qua, who is a famous author of the U.S., to contribute to the victim, thereby deceiving the victim of the possibility of success of the said project.

(2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. The Defendant asserted as to the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine at the lower court, and the lower court rejected the Defendant’s assertion by stating the reasons in detail.

In full view of the evidence duly adopted and examined by the court below, the judgment of the court below is justified, and the defendant's above assertion is without merit.

B. Determination of the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine is made (1).

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