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(영문) 서울중앙지방법원 2015.01.16 2014노3432
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) is sufficiently proven by the evidence submitted that the Defendants did not have the ability and intent to make the conclusion of the closure of the instant case.

However, the Defendants explained to H as if the business of the closed voltage in this case was normally carried out, received business funds from the victim M through H with trust, and could confirm the nominal owner, etc. of remittance in the course of receiving remittance, and thus, knew of the fact that they received funds from M. Even if the Defendants knew of the existence of M, the Defendants used H in the form of indirect principal offense, and thus, the Defendants’ crime of fraud against the victim M is established.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. The summary of the facts charged (which became the first instance court and was the first instance court) and the Defendant C introduced LI (the first instance court, and the second instance court) and the Defendant C, to H, who operated the secondhand on the water surface in early 2007, “The pulmonary voltage and the closed cable emitted from the Korean Power are provided for each region by means of free contract between the disabled military council and the physically disabled organizations. The disabled military council and the executive officers of the physically disabled organizations make investments in KRW 300 million.” On September 2007, the Defendant C introduced LI (the death of May 25, 2014) and the Defendant to H to the effect that “I would receive the pulmonary voltage and the closed cable emitted from the Korean Power, but the deposit will be transferred through Al within the limit of the deposit.”

In addition, Defendant A also made a false statement to H that “I will deliver the waste ruptures entered into with I.”

H reliance on the horses of the above Defendants, and from the Lane of the operation of H in Daejeon-gu Daejeon, Daejeon-gu, on October 2007, the victim M, who was a victim M, with the pulmonary pressure generated from the Korean power by the J Chairman, A, etc.

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