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(영문) 부산지방법원 2017.12.07 2017노2894

사기등

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the acquittal portion in the judgment of the court below, according to the evidence, such as the victim's statement, etc., the court below found the defendant not guilty of this part of the charges since the court below found the defendant not guilty of this part of the charges, although the defendant did not have the intention or ability to perform the bathy test on the bathy tree, he did not have the intention or ability

2) The sentence sentenced by the lower court (one year of suspension of execution and a fine of 500,000 won for six months of imprisonment) is too unhued and unreasonable.

B. As to the convictions in the judgment of the court below, as to ① frauds in the judgment of the court below, the defendant was only 3.5 million won in total to assist the defendant at the time, and there was no deception by the defendant, ② the violation of the Real Estate Brokerage Act in the judgment of the court below, the defendant was merely compensated by the damaged person for expenses such as food and transportation expenses, etc., and not operated a brokerage business. ③ As to the crime of conflict in the judgment of the court below, the defendant explained the situation to the injured person and borrowed money, and even though there was no threat of the victim, the court below convicted all of the charges. Thus, the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The sentence imposed by the lower court is too unreasonable.

2. Determination as to the prosecutor and the defendant's assertion of mistake of facts

A. As to the prosecutor’s assertion on the non-guilty portion (Article 1-A-1 of the facts charged) 1 of the lower court’s judgment on this part of the facts charged, the lower court determined as follows: (a) as to the following circumstances, which can be acknowledged by comprehensively taking account of each of the evidence as indicated in the judgment; (b) i.e., “A” has ordered the Defendant to perform artificial insemination construction work at KRW 10,000,000 from the Busan East-gu Qu apartment to November 9, 2013; and (c) has paid in advance the construction cost on two occasions by November 18, 2013; and (d) is part of white trees on the entire part of the existing contract.