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(영문) 수원지방법원 2018.03.29 2017노9551
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding: (a) the Defendant entered into a letter of understanding concerning the export of Colombia N Si and radio CCTV, and did not have any talk that 200 million won was invested from the injured party for the initial purpose of preparing this contract; and (b) the victim would have been able to receive a revenue of KRW 100,000,000 per year after concluding this contract on a conclusive basis if 200,000,000 won was invested; (c) there was no deception by the victim; and (d) the Defendant did not have

Nevertheless, the court below acquired the above KRW 200 million from the victim by deceiving the victim by the above method.

The judgment of the court below found the defendant guilty of fraud, which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) In the lower court’s argument that there was no intention of deception and deception in the same manner as the grounds for appeal, the Defendant also asserted that he did not have any intention of deception and deception, and the lower court may recognize that the Defendant obtained 200 million won from the damaged person under the pretext of the project expense of Colombia without the ability or intention to return the investment money in a short period.

The defendant's argument was rejected.

2) In addition, the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the victim, G, L, and M, in accord with the investigative agency and the lower court’s court, and the Defendant agreed to receive USD 100,000 from Colombia N to receive USD 1,00,000 from Colombia N in return for exporting 10,00 wireless CCTV each year at the time of Colombia and transferring the exclusive right to sell in Colombia, and such agreement.

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