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(영문) 서울중앙지방법원 2018.01.26 2017노3999

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Fact misunderstanding 1) The Defendant was planning to make a profit through the Jeju-do CK hotel construction project, and the Defendant gave a subcontract for electrical construction to FF’s CL (ju). However, AO only failed to comply with the promise with CL (ju), which was paid to N in order to acquire the right of business, on the wind that the down payment paid to N in order to take over the right of business, and the down payment of 200 million won, which was paid to N in order to take over the right of business, and there was no intention to commit fraud, not by deceiving F.

2) The Defendant was not able to obtain 87.8 billion won due to the failure of the president J of the I to perform an agreement to provide collateral in violation of the agreement, and not to obtain money by deceiving J, but to obtain money, and there was no intention to commit fraud.

3) The Defendant’s fraud against the victim N was conducted with the PF consulting service, but the PF proceeding was suspended for the reason that the problem of securing access roads to the pertinent project site was not resolved, and it was merely suspended, and the Defendant’s deception did not deceive N to the 33 million won, but did not intend to commit the crime of defraudation.

4) 피해자 Q에 대한 각 사기의 점 Q는 H의 공동 투자자로서 H의 사업에 자신이 직접 돈을 댔다가 사업에 실패한 것일 뿐, 피고인이 Q를 기망하여 돈을 편취한 것이 아니고, 세부 내용은 다음과 같다.

A) In the first instance trial, the Defendant, while acting as a broker for a loan for the LR, was seeking funds to be paid to T in trust with a view to accepting a loan of KRW 100 million from the cost of the loan to T, and the Defendant was seeking funds to be paid to T in trust with a view to accepting a loan of KRW 100 million from the cost of the loan to T. In the case of a death of T in secret.

The defendant had the intention to commit the crime of defraudation;

shall not be deemed to exist.

B) In the first instance court’s crime No. 4-B, Q related to the first instance court’s crime setting up a collateral on land and borrowing KRW 70 million.