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(영문) 서울동부지방법원 2015.12.10 2015노999
사기
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. There is no misconception of facts or misapprehension of the legal principle that the Defendants conspired with each other with the intention of deceiving the victim.

Nevertheless, the lower court found the Defendant guilty of the facts charged of the instant case. In so determining, the lower court erred by misapprehending the legal doctrine on the criminal intent and conspiracy by deception in fraud, thereby affecting the conclusion of the judgment.

B. The sentence of imprisonment with labor for one year and six months imposed on Defendant A and two years imposed on Defendant B is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the evidence duly adopted and examined, the lower court acknowledged the following circumstances, namely, the Defendants did not have any experience or prior knowledge in the trade business of the Damond Republic of Korea prior to the instant case, and did not confirm and confirm the procedures for the permission of the authorities for the export or the export brokerage of the Damond Republic of Korea in the Silurdones. Nevertheless, Defendant A introduced as if the victims had experience and knowledge in the trade business of the Damond Republic of Korea, Defendant B explained the details of the above brokerage trade business and the profit structure, etc. to the victims, the Defendants did not have prepared a proper contract with the Damond mining business entity of the Damond Republic of Korea or the Dolomond Republic of Korea, even though they had traded with the Damond Republic of Korea. The Defendants did not have prepared a contract with the Damond mining business entity of the Damond Republic of Korea and the Damondrd Republic of Korea through taxes, taxes, etc. paid by the victims through the Damond Republic of Korea.

However, although it is argued that it was seized by the staff of the Silomond Minerals Agency, etc. who had been issued a multimond nuclear power from the manager, it was argued that it was done by the staff of the Silomond Minerals Agency.

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