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(영문) 인천지방법원 2013.09.05 2012노3852

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact-finding Defendant 1 only received construction expenses from the victim under an agreement to support construction expenses necessary for the progress of the instant construction project and did not take money by deceiving the victim, but there is an error of law that affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the judgment of the court below which found Defendant guilty of the facts charged of this case. 2) The punishment sentenced by the court below of unfair sentencing ( Imprisonment with labor for 10 months, suspended execution two years, probation, and community service order for 80 hours) is too unreasonable.

B. The above sentence imposed by the court below is too uneasible and unfair.

2. The prosecutor of the Amendments to Bill of Indictment has kept the previous facts charged around the trial, and applied for the amendment to Bill of Indictment with the addition of the ancillary facts charged as stated in the separate sheet, and this court permitted it.

Therefore, the following is to first determine the defendant's assertion of mistake of facts about the primary facts, and to determine whether to determine the conjunctive facts according to the contents of the determination.

3. Judgment on the primary facts charged

A. As shown in the main facts charged in the indictment attached to the main facts charged

B. The lower court’s judgment based on the evidence duly admitted and investigated by the lower court, i.e., the following circumstances: ① the victim C Co., Ltd. (hereinafter “victim Co., Ltd”) entered into a contract for new construction of the instant electric power resource housing with F, the owner of the building on March 2, 2011, and determined the construction cost as KRW 400 million; and the intermediate payment is KRW 100 million after the completion of the construction; and the remainder of the construction after the completion of the construction; ② the victim Co., Ltd. is to have the Defendant receive KRW 300 million for the remainder of the construction; ② the victim Co., Ltd. is to have the Defendant run the construction in the direction of the progress of the construction, financing and operation; and the victim Co.