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The judgment below
Among them, the part on victims G, V, Y, and AG shall be reversed.
A defendant shall be punished by imprisonment for two years.
In this case.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1’s assertion of misunderstanding of facts and misapprehension of legal principles on the following grounds: (a) In order to take over H’s deception as to H acquisition, Defendant 1 invested KRW 18.3 billion in order to take over the said deception; and (b) made a substantial progress in H acquisition, and made a fraudulent act against the victims in relation to H acquisition.
There was no intention to acquire money without the capacity or intent to acquire money or H.
B) The victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim G is believed to be F and lent to F, so fraud is not established. (C) The victim of the victim related to H-related A-related shares and management acquisition agreement on February 22, 2012, and a contract for acquisition of the shares and management rights as of July 4, 2012, and lent it under the judgment of his investment under the condition that he was aware of the situation at the time.
In addition, it is difficult to view that a substantial amount of the down payment was confiscated because the defendant was recognized as KRW 800,000,000 already paid at the time of concluding the contract for acquisition of shares and management rights on July 4, 2012, and the contract amount was reduced to KRW 800,000,000 from the contract amount. The defendant had the right to shares equivalent to KRW 80,000,000,00
Therefore, there is no deception of the victim, so fraud is not established. D) The victim Y in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (Fraud) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was remitted in a manner that the victim invested in the H acceptance of the defendant
The Defendant did not pay off the money to the victim when he borrowed the money. When he borrowed an apartment, he did not say that he would repay the money without a mold after one month.