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(영문) 대전지방법원 2016.07.14 2016노117

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Fact-finding (2015, 1023, 200, 1023, 200, 2000 won for the instant material payment received from J, and the Defendant was expected to pay the instant material payment. However, there was an accident where the instant concrete was damaged by the man-mades during the construction process, and even after the J completed the construction work with the wind less than KRW 79,00,000 out of the construction cost of KRW 99,000,00, the damage was caused and the damage was caused and the damage was not due to the failure to pay the instant material payment to the victim E. Therefore, the Defendant did not have the intention to obtain

2) The sentence sentenced by the lower court to the Defendant (an amount of KRW 5 million) is too unreasonable.

B. Prosecutor 1) Fact-finding (2014 high 1019 part) The Defendant ordered L to contract the instant construction with L on condition that he would receive KRW 5 million as office operating expenses, but again received office operating expenses from the injured party C by entering into a contract for the instant construction. The Defendant was punished by deceiving KRW 5 million by means similar to this case on July 2013, and the Defendant was brought a criminal action by deceiving KRW 5 million, and waiver of the construction without any justifiable reason even though the injured party paid KRW 4 million on condition that he would receive the construction. Although the instant construction was not properly carried out, the Defendant would have ordered other construction business operators including the injured party to contract the construction work.

When considering the fact that it seems that the office operation expenses, etc. are acquired by deception, the court below acquitted the defendant about this part of the facts charged even though the intention to obtain by deception is recognized, there is an error of law by mistake.

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. The court below also states that the defendant's assertion of mistake as to the defendant's facts is identical to the above, and the court below states in detail the defendant's assertion and its decision in the column of the evidence of the judgment.