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(영문) 의정부지방법원 2018.02.20 2017노2808

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles) The protocol of interrogation of a suspect by the prosecution against the defendant alleged as admissibility of evidence is denied that the defendant denies the establishment of the actual authenticity, and the prosecutor has no admissibility of evidence unless he/she proves the actual authenticity of the pertinent protocol.

Nevertheless, the judgment of the court below, based on the evidence of guilt, deemed that the defendant led to the confession of the facts charged in this case by the prosecution. In this regard, the judgment of the court below is erroneous in the misapprehension of legal principles.

2) The Defendant, the representative director of the F Co., Ltd. (hereinafter referred to as “F”), stated that “A Co., Ltd. (hereinafter referred to as “G”) entered into an agreement to supply I program to the Cyber Safety Center via H Co., Ltd. (hereinafter “H”).” The Defendant merely stated to the purport that a contract will be concluded in the future.

In other words, D was aware that software supply contract was not concluded between H and cyber safety center.

B) The time when G suffered a loss equivalent to KRW 1.5 billion due to the failure of the U.S. investment is the second half of May 15, 2013, rather than the time of May 15, 2013.

In addition, it is not H G not to pay the price of I program to F, and it is a problem that G's obligation is excessive on May 2013, that there was no defendant's ability to pay and intent to pay it.

The prosecution is wrong.

C) In that F and H have repaid the Defendant’s money exceeding 50% of F’s remittance prior to the issue of the Defendant’s criminal complaint, the Defendant did not have the intent to defraud the Defendant by deceiving F.

may be seen.

D) Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misunderstanding of facts and legal principles.

B. The sentence that the court below sentenced to the defendant (one year of imprisonment and one year of suspended execution).