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(영문) 인천지방법원 2016.04.28 2015노4363
사기
Text

Part 1, 2, 3, 4, 7 of the judgment of the court below in the judgment of the court of first instance and part 2 of the judgment of the court below shall be reversed.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts or misunderstanding of legal principles (as to the crime Nos. 1, 2, and 3 in the judgment of the court below of first instance): (a) the Defendant received KRW 100 million from AG, the actual president of the AX (representative director), but the Defendant entered into a contract with AG on the AG block business with “AG interest of KRW 20 billion if the Defendant paid KRW 200 million, he/she entered into an agreement on the AG block business with his/her investment of KRW 15 billion in the AG funeral business and jointly promoted the AG funeral business with the investment of KRW 15 billion. Since AG failed to prepare KRW 200 million at that time, the said T block business did not perform the said agreement, as described in the facts charged, and it did not lend KRW 15 billion to AG as if it stated in the facts charged.

There is no fact that the notice was given.

② A crime No. 2 as indicated in the facts charged: (a) the Defendant received a total of KRW 140 million from L on three occasions, as stated in the facts charged; (b) the amount of KRW 80 million out of the said money is the transfer price of the Defendant, and the amount of KRW 20 million is a simple loan, and the remainder of KRW 40 million is paid in connection with the loan of KRW 40 million.

In this regard, L entered into an agreement with the Defendant that “LA shall pay 400 million won to the bond company, and this LAW shall have revised some phrases among the loan in the way between the LAW and the KAW and the KAW-type LAW-based LAW-based LAW-based LAW-based LAW-based LAW-based LAW-based LAW-based LAW-based, and the Defendant paid 40 billion won to the bond company and paid 40 billion won, which is the above 40 billion won, which shall not be received a revised statement. Pursuant to the above agreement, LA-related LA-based LA-related LA-based LA-based LA-based LA-based LA-based LA-based LA-based LA-based LA-based LA-based LA-based LA-based LA-based LA-based LA-based LAW-based LA-based LA-based LA-based LA-based LAW-based.

in this subsection.

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