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(영문) 수원지방법원 2016.10.19 2016노1081
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle), the court below found the defendant not guilty of the facts charged of this case, which are erroneous in the misapprehension of the legal principle or the misapprehension of the legal principle, although the defendant could not have had the intent to repay the amount of promissory notes or borrowed money at the time of borrowing money in order to repay bonds, and the criminal intent to acquire money, at the time when the defendant transferred each of the instant promissory notes at discount

2. Determination

A. Summary of the facts charged 1) The Defendant shall acquire money in the name of a promissory note discount fund by deception, as well as D Co., Ltd. (hereinafter “D”) located in Seocheon-si on January 21, 201 and May 2, 2011.

) In the office, the victim E made a false statement to the effect that “I would settle the discount of the bill on face of the hypto face with the bond interest rate of 10%.” However, the facts are as follows: D and F (hereinafter “F”) operated by the Defendant.

(G) Co., Ltd. (hereinafter “G”).

A) around June 2010, H Co., Ltd. (hereinafter “H”) is a business partner (hereinafter “H”).

(2) The Defendant, on May 1, 201, acquired real estate by transfer from the D office located in Seocheon-si, to the victim E, a sum of KRW 250,00,000,00,000,000,000,000,000,000 won and KRW 175,000,000,000,000,000,000,000,000,000,000 won.

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