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(영문) 광주지방법원 2018.02.22 2017노713

사기

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant had the intent or ability to complete the house on D’s part of the fraud about D’s mistake of fact.

B) The Defendant had the intent or ability to pay C the construction cost.

C) The Defendant had an intention or ability to seek a chipon between the Defendant and the Defendant with respect to I.

D) The Defendant had an intention or ability to pay his age club alcohol value to M.

2) The lower court’s punishment (one year and six months of suspension of execution, one year of observation of protection, one year of community service, and one hundred and sixty hours of probation in one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. On March 20, 2014, the Defendant, in the summary of D’s fraud, will build a new house up to November 10, 2014 to the victim D from F of the Newanan-gun, Newan-gun, Seoul, by “1.5 million won per week” to the victim D.

The phrase “ makes a false statement.”

However, the defendant had no intention to use the housing construction even if he received the construction cost from the victims of many debts related to other construction sites around the above time, and there was no other property and there was no intention or ability to complete the housing construction.

Nevertheless, the Defendant, as seen above, received KRW 35 million from the victim to the Agricultural Cooperative (G) account in the name of E in the same day under the name of the same day from the victim, and received KRW 114,950,000 from that time by the same method until October 29, 2014.

2) According to the evidence duly adopted and examined at the lower court’s judgment, the Defendant agreed to complete D’s construction work price of KRW 150 million on the ground of Newanan-gun, Newan-gun, the Defendant paid KRW 110 million on the part of the Defendant from March 2014 to October 2014, and the Defendant also was the police.