beta
(영문) 서울북부지방법원 2019.10.24 2019노536

사기

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

A misunderstanding of facts and misunderstanding of legal principles (the guilty portion against Defendant A in the original judgment), F Co., Ltd. (hereinafter referred to as “F”) was delegated by the Victim Promotion Committee, which is the implementer of the G urban environment rearrangement project, with comprehensive delegation of compensation duties, such as moving expenses, etc., and paid compensation to Defendant A according to its authority, and there was no fact that F and Defendant A conspired to mislead the Victim Promotion Committee.

Defendant

A is notified by R, who is a person in charge of F's compensation and submitted the relevant documents to receive compensation, and there is no intention of deception or fraud.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Defendant

B misunderstanding of facts and misapprehension of legal principles, Defendant B confirmed the actual state of business of sexual traffic establishments operated by Defendant B, and recommended three businesses to apply for compensation, and filed an application for compensation with three businesses, and there has been no deception by the victim promotion committee.

In addition, the defendant B thought that the F was fully entrusted with the compensation duty, and there is a problem in the settlement between the victim promotion committee and F.

Even if this is not related to Defendant B.

There is no specific report on the compensation to the victim promotion committee, and there is no report or approval to the victim promotion committee on the compensation to the defendant B.

Even if the internal settlement relationship exists between F and the victim promotion committee, it is difficult to say that the victim promotion committee was dispositive act due to Defendant B’s deception.

Defendant

B has actually operated one commercial sex acts business establishment, and two commercial sex acts business establishments are not operated, but each business establishment has been paid compensation and each compensation has been paid to each business establishment, and the compensation part for the actual business operation is acquired by fraud.