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(영문) 수원지방법원 2016.08.19 2016노3045

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below that found the defendant guilty of the facts charged in this case, although the defendant had not deceiving the victim, is erroneous in the misapprehension of facts.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the victim and the prosecutor consistently stated by the police and the prosecutor that the victim stated that the victim would be able to perform the removal works of the C Redevelopment Project if it takes charge of operating expenses of the association, and the victim prepared a letter of payment stating that "the victim will receive KRW 15 million as the case of Mapo-gu Removal Construction." In light of the fact that the victim prepared a letter of payment stating that "the victim will receive KRW 15 million as the case of Mapo-gu Removal Construction," the victim will be able

Since the facts of deception can be fully recognized, the judgment of the court below that found the defendant guilty is not erroneous in the misapprehension of facts.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.