사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. Fact-misunderstanding 1) [Attachment 2014 Highest 653] The defendant delivered 28 million won to U.S. who has the right to remove the above construction site through T in order to obtain the right to remove the construction site of Goyang-dong Housing site in Goyang-si. However, the court below found the defendant guilty of this part of the facts charged, inasmuch as T inevitably causes damage to the victim E in the middle, it is nothing more than that which shall cause damage to the victim E in the middle, and therefore it cannot be recognized that the defendant has the intent to commit fraud. In so determining, the court below erred by misapprehending the facts.
2) [2014 Highest 1167] In the instant case, the Defendant did not sell or deliver two containers of this case to the victim O or P, and the Defendant received the container-related funds from the said victims at the time, but the Defendant was temporarily returned the principal of the investment, and the Defendant agreed to return the said funds at the time of the commencement of the removal project and to participate again in the removal. Thus, the lower court erred by misapprehending the facts that found the Defendant guilty of this part of the facts charged even though the said containers still owned the Defendant.
3) [2015 Highest 203] In the case, the Defendant secured the right to operate a new hotel at the time.
Y extended KRW 100 million to landowners, and secured the right to remove from Y
The project right has been secured by concluding the partnership contract with the Z.
Although the urban development plan was in progress with respect to Gangnam-si K, which has secured business rights as above, the defendant was merely causing damage to the victim J due to the delay in administrative procedures, and the defendant cannot be found guilty of this part of the facts charged despite the fact that there was an error of mistake in the judgment of the court below that found the defendant guilty of this part of the facts charged.
B. The sentence that the court below rendered against the defendant is sentenced to unfair sentencing (a punishment).