사기
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal is that the defendant, who trusted G, P, etc., can actually receive the project to remove the Yeongdeungpo-Spoon detention house;
As trust and trust, the claim secured by the right to collateral security value was provided to D with money and borrowed money. Thus, there was no intention to deceive D. Even if the Defendant deceptioned D, D actually lent money according to F’s opinion, and thus, D did not have a causal relationship between the aforementioned deception and D’s disposal act (misunderstanding of facts, misunderstanding of legal principles). Determination of the sentence (the imprisonment of August 2, 2007, 120 hours), which the lower court sentenced, is too unreasonable (the sentence is unjust).
A. The summary of the facts charged in this case and the judgment of the court below 1) Although the Defendant received money from the victim D in fact, the Defendant did not have the intent or ability to order the removal of dental stations in Yeongdeungpo-gu Seoul Metropolitan Government, and the money received from the victim was not used for the order of the removal work and personal living expenses, etc. However, if he borrowed money from the victim to the victim in the Seoul Metropolitan Government's Certified Judicial scrivener Office around January 5, 2016, the Defendant borrowed money from the victim in the Seoul Metropolitan Government's office to the victim "(E company to try to remove dental stations in Yeongdeungpo-gu Seoul Metropolitan Government, the removal work was ordered and the amount changed every month.
The phrase “ makes a false statement.”
As such, the Defendant, by deceiving the victim, was given KRW 55 million from the injured party.
2) The judgment of the court below also asserted the same purport as the alleged misunderstanding of the above facts, and the court below held that the defendant used the following circumstances, i.e., the defendant used the defendant to take over 5 million won from the injured party to take over the removal works of Yeongdeungpo-gu Seoul, Seoul, and used it for personal purposes without using it for the contract for construction works, and ii) the victim uses it individually.