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(영문) 서울중앙지방법원 2017.12.08 2017노675

사기

Text

The judgment of the first instance shall be reversed.

The defendant is innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts, and improper sentencing) 1) The Defendant’s words as stated in the facts charged are not false but is not false, but part of the interpreter is different from the fact.

Even if the part is not an important and exaggerated expression, the intent of deception and fraud of the defendant is not recognized.

2) The sentence sentenced by the first instance court (six months of imprisonment) is too unreasonable.

B. The sentence (6 months of imprisonment) sentenced by the first instance court (unfair sentencing) is too unhued and unfair.

2. Determination

A. The summary of the facts charged in the instant case is the representative director of D who deals with real estate enforcement business.

The Defendant is running the redevelopment construction project (hereinafter “instant project”) in Jongno-gu Seoul, Jongno-gu, and 61 lots. The fact is that there was no particular asset to the extent that it will be registered as bad credit holders due to taxes in arrears of KRW 200 million in around 2005, and there was no intention or ability to prepare a large amount of funds for normal progress of the project, and there was no intention or ability to conclude a contract with a normal number of contracts related to the said project. Therefore, there was no intention or ability to normally provide sales and advertising services related to the said project to others.

Nevertheless, around May 2015, the Defendant is expected to take charge of the implementation of new construction works, such as officetel 216 households and multi-family housing units 70 households, which are newly built on the ground of Seoul Jongno-gu E and 61 lots of land.

Along with the administrator of Bosco bankruptcy, 13 billion won is deposited in Mez comprehensive financial securities corporation (hereinafter “Mesz securities”) and 3th deliberation on Mesz loans (hereinafter “PF loans in this case”).

H makes a false statement to the effect that “The sales of buildings and the sales of advertisements by proxy shall be entrusted with the affairs of sales and the sales of new buildings.”