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(영문) 인천지방법원 2013.05.24 2013노123
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, had the ability to deliver money to victims L, M, and N (hereinafter “L, etc.”) by repaying investment money or borrowed money from the victims or by constructing a factory on the F land, since the Defendant had been in the process of the factory construction project in the J, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

In addition, the defendant used the F's funds to purchase the F's land, used all the funds received from the victims as construction cost, and in fact, if the F's company was constructed and sold the F's factory, it was possible to repay all the funds received from the victims, so there was no intention to defraud the victims by deceiving them.

Nevertheless, the lower court found all of the charges of this case guilty, thereby having committed an unlawful act affecting the conclusion of the judgment.

B. The sentence of imprisonment (two years and six months of imprisonment) imposed by the lower court on the Defendant of unreasonable sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. A. A summary of the facts charged in this case 1) On November 15, 2007, at the E office operated by the Defendant in Kimpo-si, Kimpo-si, Kimpo-si, the Defendant made a false statement to the victim C that “The Defendant would purchase KRW 1052,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,

However, the defendant did not have any particular property or income, while he did not have any obligation equivalent to KRW 60,000 for G, etc., and the defendant did not have any intent or ability to invest in violation of the above real estate purchase price.

As such, the Defendant deceiving the victim, and then deceiving the victim, KRW 50 million from the victim for the same day as the down payment, and KRW 300 million from the part payment around December 17, 2007, respectively.

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