사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is that the Defendant: (a) lent the name of C Co., Ltd. (hereinafter “C”) with a construction license to build an apartment building (hereinafter “instant construction”) on two parcels, G G in Gyeonggi-gun, and G; (b) was authorized to prepare a document related to the supply of and demand for the instant construction project; and (c) did not have the authority to prepare a business investment agreement on the instant construction project in the name of C; (b) however, as if the Defendant had intent or ability to deliver a business investment agreement in the name of C through F, by deceiving the victims, and then preparing a business investment agreement and deliver it to F.
Therefore, even if all of the instant construction facts were recognized, the lower court erred by misapprehending the legal doctrine, or acquitted the Defendant.
2. Determination
A. On June 30, 2010, the Defendant was sentenced to a two-year suspension of the execution of imprisonment for fraud at the Suwon District Court for six months, and the judgment became final and conclusive on July 8, 2010. On March 23, 2012, the District Court rendered a two-year suspension of the execution of imprisonment for one year due to fraud, etc., and the judgment became final and conclusive on May 4, 2012.
1 On May 2009, at the office of the E office located in Gangnam-gu Seoul Metropolitan Government, the Defendant made a false statement that “F will accept an agreement on business investment with the content that H, I, and J will repay three apartment bonds from the contractor C in return for an investment in the construction of apartment.”
However, in the construction of apartment buildings, although the construction license in the name C was borrowed, there was no authority to arbitrarily inscribe the seal in the name C to prepare the business investment agreement in the name, and there was no authority to prepare the business investment agreement in the name C, and each victim H, I, and J has three apartment bonds.