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(영문) 서울동부지방법원 2018.12.07 2018노945

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Reasons for appeal;

A. misunderstanding of facts and legal principles 1) Defendant (guilty part) did not deceive victims, nor did the Defendant have attempted to commit fraud.

2) According to the evidence submitted by the prosecutor (part without charge), the lower court erred by misapprehending the fact and acquitted the Defendant of each of the charges on each part of the charges, since E Co., Ltd. (hereinafter “Defendant side”) operated by the Defendant had no intent and ability to repay the price of materials supplied from around 2013. Thus, the lower court recognized the Defendant’s criminal intent to obtain fraud against B Co., Ltd., C, and F (limited to January 2, 2014 to December 31, 2015).

B. The defendant asserts that the sentence of the court below (one year and six months of imprisonment) is too unfasible, and that the prosecutor is too unfasible and unfair.

2. Determination

A. In full view of the following circumstances based on evidence duly adopted and investigated by Defendant 1 and the lower court and the trial court, the Defendant, at least from January 2016, even if he/she received electrical construction-related materials from the Victim F Co., Ltd. F (Attachment No. 16 to 21 time limit), M, Co., Ltd., Ltd., N and P Co., Ltd. (hereinafter “victim”) from the victim’s Co., Ltd. (hereinafter “Co., Ltd. (hereinafter collectively referred to as “victim”), even though he/she knows that it is impossible to properly pay the amount or at least to pay the amount, he/she would have been continuously supplied the materials related to electrical construction by deceiving the victims about his/her intent of repayment and ability, and therefore, the Defendant is recognized as a criminal intent of fraud and fraud.

Therefore, there is an error of misunderstanding of facts and misunderstanding of legal principles that the court below found guilty of each of the facts charged.

shall not be deemed to exist.

A) The amount of outstanding amounts paid for the delivery and repayment (as of June 30, 2016) shall be KRW 2.53,531,931,931,000,000,000 won, equivalent to KRW 136,559,751,000,000 in total, compared to the amount of outstanding amounts paid for the preceding year (as of June 30, 2016).