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(영문) 의정부지방법원 2017.11.24 2017노1582
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the victim D.

Reasons

1. Summary of grounds for appeal;

A. The supplemental statement of reasons for appeal and the gist of the pleadings submitted after the lapse of the period for filing the appeal shall be determined only to the extent of supplement in case of supplement of the reasons for appeal.

1) On December 2012, 2012, the victim D was guilty of fraud against the victim D, which was decided in the lower judgment, based on his/her mining right, even though he/she was well aware of the circumstances of the mine where the auction was suspended, and thereby normalization of the operation of the mine by investing his/her funds based on his/her mining right that the defendant had knowledge of the circumstances of the mine where the auction was suspended.

First of all, on January 7, 2013, the Defendant entered into an “contract for the crushinging of Mining Products for Long-Term Minerals” with the Defendant. At the time, the permission for temporary use of mountainous districts for the development of mines was valid, and D also knew on February 22, 2013 that the above permission period will expire. The Defendant entered into the said contract with the victim D with the knowledge that the said permission will be extended naturally, and received an investment, thus the Defendant did not deceiving the victim D.

Even if the victim D was unaware of the matters regarding permission for temporary use of mountainous district at the time of the conclusion of the above contract, the victim D could obtain permission for temporary use of mountainous district with the consent of the owner of the mountainous district to obtain permission for temporary use of mountainous district if he/she performed his/her contractual duty within the agreed period in accordance with the terms of the above contract, and thus, there was an intention to

It is difficult to see it.

B) Since each fraud against the victim I, J, and K was committed by the victim I, J, and K, the victim I, J, and K have consulted and explained on the terms of the contract for financing with D and entered into an investment contract, there was no fact that the defendant directly induced the above victims.

C) Fraud against the victim M. (1) The victim M is a person who received part of the profit or profit distribution that the victim M.D received from the defendant and entered into an investment contract. Therefore, the defendant is directly above.

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