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(영문) 수원지방법원 2018.11.16 2018노4472

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for the crimes described in paragraph (a) of 2015 order 2051 at the end of one month.

Reasons

1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (three years of imprisonment) is too unhued and unreasonable.

2) The lower court convicted Defendant 1 of all the charges of this case by misunderstanding the following facts.

(1) Fraud against the victim AF (2016 highest 526) concluded a sales contract with the Defendant on the Hongcheon-gun AG, U,H, AI, AJ, and AK land owned by B (hereinafter “redred real estate”) and paid down payment and intermediate payment.

In the Hongcheon-gun, the Defendant did not conclude that there was no false statement that a subsidy was expected to be granted to the victim or that a loan secured by Hongcheon-gun was finalized.

(2) Fraud against the victim AO (2016 order 738) was committed by the Defendant, while the Defendant repaid to the victim a considerable amount of money borrowed from the victim, and transferred ownership of the land and the building (hereinafter “port real estate”) in the north-gu North Korea Port (hereinafter “port real estate”), the Defendant cannot be found to have acquired the victim’s intent by deception.

Even if the intention of defraudation is recognized, the amount obtained by the accused on September 3, 2010 with the victim on September 3, 201 is not KRW 20 million, but KRW 14 million, and there is no fact that the accused defrauded the victim on April 1, 201.

(3) The fraud of the rest victims (2015, 205, 2016, 316, 2016, 2016, 1223, 2017, 1689) merely did not pay the agreed money to the victims due to the progress of the work as intended, and did not intend to acquire property or pecuniary gains by deceiving the victims.

(2) The punishment of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by both parties of the judgment ex officio, the Prosecutor deletes “1,9510,000 won on January 31, 201” in the fourth indictment No. 738, the fourth part of the charges No. 738, the second part of the charges, and changes “total KRW 24,6510,000,000,000,000” in the last part of the compromise to “total KRW 227,000,000.”