특정경제범죄가중처벌등에관한법률위반(사기)
The Defendants’ appeal is dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles (Defendant A) 2-A of the facts stated in the judgment below.
paragraphs 1 and 2.
In relation to Paragraph B, the defendant had shown the interest in the real estate development project that the victim had proceeded with, and did not deceiving the victim.
Criminal facts No. 2-C. of the judgment below.
Paragraphs 1 and 5.
In relation to the claim, Defendant B actually performed the construction of access roads to land AB in Pyeongtaek-gun and the renovation and repair of detached houses, and only the Defendant tried to do so according to the direction of Defendant B.
Criminal facts No. 2-D. as stated in the judgment below.
In relation to the claim, the defendant explained to the victim all of the legal relations and the progress of development activities with respect to the AJ land when the victim is in harmony, and the victim is well aware of these circumstances and invested.
Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which determined that the Defendant had obtained money by deceiving the victim after the Defendant conspiredd with Defendant B, thereby adversely affecting the conclusion of the judgment.
B. The sentence imposed by the court below (the defendants A: imprisonment of 2 years and 4 months, and imprisonment of 1 year and 8 months) is too unreasonable.
2. Determination
A. The lower court determined the Defendant’s assertion of mistake of facts and misapprehension of legal principles on the Defendant’s assertion as to this part of the grounds for appeal, in full view of the roles of the victim’s specific and consistent statement and supporting documents, the roles of the Defendants at the time of committing the instant crime, the relationship between the Defendants and the victim, the development potential and present status of the instant land, and the actual use of the money that the Defendants received from the victim, etc., the lower court, in collusion with the Defendant B, engaged in development activities on each of the lands of the voice-gun, Pyeongtaek-gun, Pyeongtaek-gun, and the AJri at the time of Germany.