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(영문) 서울남부지방법원 2020.01.30 2018노860
사기
Text

The judgment below

The part of conviction against Defendant A (including the part of acquittal in the reason) shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s fraud against Defendant A’s victim E was committed by Defendant A with prior consultation, and Defendant A tried to actually conclude a contract by preparing for acquisition funds for the purpose of I acceptance. However, Defendant A merely did not deceive Defendant A into the victim E with the wind to conclude a contract to transfer I with another company prior to the scheduled date of the conclusion of the contract with Defendant A, and it did not mean that Defendant A deceptiond the victim E.

B) Defendant A’s fraud against Defendant A’s victim J did not mean that Defendant A would specify the name of the victim J at the cost of attorney-at-law’s appointment, or that Defendant B would appoint the victim J as a director and pay a few hundred million won annual salary at the time of borrowing money from the victim J. In fact, Defendant A attempted to acquire the Z by entering into an underwriting contract with V, which is the parent company of L, but it was eventually no longer paid, but Defendant A did not deceiving the victim J.C.). Defendant A’s fraud of KRW 100 million against Defendant A’s victim M at the time of borrowing money from the victim M., not by borrowing money from the victim M. under the pretext of a comprehensive advance payment for acquisition of the company to take charge of the acquisition at the time of taking over the company, and thus, Defendant B’s fraud in acquiring profits from the grace period for the victim M of the victim’s M does not necessarily have any economic ability to bring the victim out of A’s bill, and thus, Defendant A did not have to be released from A’s bill of unfair sentencing.

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