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(영문) 서울북부지방법원 2017.02.14 2016노2280
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 six months.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1 and 1) Joint Crimes committed by the Defendants

1. Nos. 1, 2, 4, 5, and 6: The victim is well aware of the fact that the victim borrows money to assist AC, not by deceiving and deceiving the victim.

(2) List of crimes committed in the holding of the court below

1. Serial 3, 7, 8, and 9: Defendant A borrowed money directly from the damaged person for business purposes, and Defendant B did not have offered any bid.

B) Part of the sole crime committed by Defendant A (1) The crime sight table as indicated in the judgment below

2. Serial Nos. 1 through 8: The defendant received from the president of China AD on August 9, 2009 the investment of 2.3 million Won ( approximately 460 million won in Chinese currency) from the chairperson of China and received the existing loan to the victim (the list of crimes as stated in the judgment below).

1. and Criminal List 2. Serials 1 through 8, 134,737,40 won in total) were to be fully repaid. However, since the injured party did not repay the above loan by having to convert it into investment money, it shall not be deemed to have acquired it by deception.

(2) List of crimes committed in the holding of the court below

2. Serial No. 9: The victim wanting to attend an explanatory meeting held by the defendant A around September 2009.

On September 8, 2009, Defendant A deposited KRW 500,000 from Defendant A’s account in the name of F, which is the son of Defendant A, to the victim’s account. On the same day, the victim deposited KRW 598,500 in the S account under the name of S, such as the price of the PPet for the PP, etc., so it cannot be deemed that Defendant A acquired it by fraud.

(2) List of crimes committed in the holding of the court below

2. Serial Nos. 10 through 35: Since the victim continues to make an investment even though he/she was aware of the failure of the business that he/she had run, he/she had deceiving or acquired by deceiving the victim;

shall not be deemed to exist.

C) Therefore, notwithstanding the fact that each of the above charges cannot be recognized by deception or deception of the Defendants, the lower court is as to each of the above charges.

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