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(영문) 울산지방법원 2012.09.21 2012노374
사기
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Until April 2008 to May 5, 2008, the Defendant believed that he could re-subcontract the removal of this case to himself, and thus, it cannot be deemed that there was deception against the victim. Since May 2008, the Defendant notified the victim that he belonged to himself and received money from the victim for expenses, etc. by promoting the improvement project along with the victim, the lower court convicted the Defendant of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant (one year and six months of imprisonment) is too unreasonable.

2. The summary of the facts charged of the instant case is that the Defendant entered into a contract with the victim E under the direction of the F reconstruction Association and the executor of the instant case at the time of the end of January 2008 on the following grounds: “The Defendant entered into a contract for the construction project at KRW 95,000 for the cost of the reconstruction project at KRW 80,000 per square year from the family reconstruction association and the executor of the instant construction project; and the Defendant would make a re-subcontract at KRW 80,000 for the cost of the association and the president of the association.”

However, even if the victim received money, there was no intention or ability to re-subcontract the construction work.

On February 4, 2008, the Defendant, by deceiving the victim, received 7.5 million won in total from the Defendant’s post office passbook using the Defendant’s post office passbook for expenses, and received 112.8 million won in total by March 16, 2009, as shown in the attached list by March 16, 2009.

3. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

4. Judgment of the court below

A. The victim is admitted as evidence directly corresponding to the facts charged in the instant case.

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