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(영문) 서울중앙지방법원 2013.11.14 2013노132
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. In regard to the facts constituting the crime of the judgment of the court of first instance, the Defendant entered into a contract for removal construction with the company run by P, and did not have concluded a contract for construction work with the victim C, and the victim C is merely a construction business operator who subcontracted the removal construction work from P, and as the construction business operator fails to complete the construction work within the prescribed period, the construction work price is not paid at the wind that the business operator could not open the refeat (hereinafter “English private teaching institute”) as scheduled because he did not complete the construction work within the prescribed period. Therefore, there is no intention of deception or deception.

(2) On the facts constituting the crime of the first instance judgment, the victim E did not have concluded a direct contract with the Defendant for the interior work from Q that entered into a contract under the name of S and T, and even if the Defendant wants to open the English private teaching institute, Q et al. was unable to open the English private teaching institute, even though Q et al. was to receive the construction cost due to its profits, and the victim F merely was a subcontractor who entered into a contract with the victim E, and thus, the victim F did not have any intention to deception or take fraud, and the damage amount overlaps.

(3) On the second instance judgment, at the time of concluding a lease contract with the victim K, there was sufficient financial capability to possess officetels, etc. under the Defendant’s wife’s name, and due to the payment of the construction cost, the remainder of the lease deposit cannot be paid under the pressure of funds, as a matter of course, due to the payment of the construction cost under the victim K’s wife’s consent. Among them, the victim K’s refusal of the name of the building by exercising the right of simultaneous performance defense to receive a refund of the beneficial cost due to interior construction, etc. upon cancellation of the lease contract, and the victim K did not refuse to lease the building with

B. The lower court’s sentencing (the first instance judgment: imprisonment with prison labor for one year and six months, and the second instance judgment: imprisonment with prison labor for eight months) is too excessive.

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