beta
(영문) 서울중앙지방법원 2018.02.02 2016노3685

사기

Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In addition, in light of the victim's statement that corresponds to this part of the facts charged, it is sufficient to find the guilty of all the facts of each fraud described in the annexed list 1 through 6, 8, 10, 18, 18 (the part of the judgment of not guilty in the judgment of the court of first instance) of the first instance, the defendants continued to pay office rent to the enemy, part of the money was not used for the victim's purpose, and in some cases, the explanation itself was somewhat dead, and the defendants were able to know that there is a little deal of fact.

C. The Defendant 1 and Defendant 2 committed the instant fraud in collusion with the co-Defendant A, even though Defendant 2 did not make any mention at the time when Defendant A proposed the J construction to the victim, Defendant 2 and the co-Defendant 1 and the co-Defendant A used the amount of money that he received from the Co-Defendant A for monthly salary and payment of the existing debt.

It is sufficient to see.

B. Defendant A’s assertion of mistake of facts (No. 7,9 attached to the judgment of the court of first instance) was introduced by the Corporation Introduction Corporation from the Plaintiff, and introduced the new construction to the victim, and then received KRW 1,00,000 from the damaged party to subsidize expenses incurred in obtaining contracts for construction works.

On the other hand, on February 19, 2013, the defendant borrowed 15 million won for the payment of the office rent in arrears from the injured party. Since the defendant did not make any false statement in this process, the intent of deception or deception cannot be recognized.

(c)

With respect to the punishment against the defendant A (the amount of 5 million won) of the first deliberation on sentencing, the summary of the grounds for appeal by the defendant A is too unreasonable because it is too unreasonable, and it is the prosecutor.