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(영문) 의정부지방법원 2021.02.05 2019노3472

사기

Text

The prosecutor's appeal is dismissed.

Reasons

In light of the purport of the grounds for appeal, the Lo Government District Court Decision 2017 decided 53927 (hereinafter “the judgment of this case”) against the defendant was convicted of the defendant's illegal occupation by way of locking the door door of the D BuildingO (hereinafter “the building of this case”) with locks, and received a civil judgment against the D Building AG Dong in the same manner as the building of this case where the lien is not recognized. In light of the above, the defendant was well aware that he was not the person who has the lien of the building of this case but could not have the lien on the building of this case, and even if he was well aware that he could not have the lien on the building of this case, the defendant, by deceiving the complainant to pay money to the defendant (hereinafter “each of this case”).

“The Defendant initially asserted a false lien from the beginning to make a loan to the complainants have to submit a written waiver of the right of retention to the financial institution, and as a result, prepared each of the instant written statements.

“The Court determined to the effect that it was “.”

Although the above facts acknowledged in the judgment of this case constitute a significant evidence as to the facts charged of this case, the judgment of the court below which judged that the defendant's act of deception and the dispositive act was not related to the defendant's act of deception and the dispositive act of the complainant was erroneous in the misapprehension of legal principles as to the mistake of facts and the deception of fraud

The additional prosecutor of the facts charged in the preliminary charge maintains the existing facts charged as the primary facts charged, and maintains the name of the offense in the preliminary charge; “Article 350(1) of the Criminal Act”; and “Article 350(1) of the Criminal Act” under the applicable law; and applied for an amendment to a bill of amendment which adds the same contents as the stated in Article 4(a) below; and this Court was added to the subject of the trial by granting permission.