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(영문) 서울동부지방법원 2021.02.18 2020노167
사기
Text

The part of the crime No. 2 of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Summary of Reasons for appeal

A. 1) Fact-misunderstanding 1) As to the fraud against the victim B, the Defendant’s H business (hereinafter “instant business”) against the victim B

It is not possible to borrow money from one party to receive supervision services.

Even if any, will be responsible for the supervision of the project.

In other words, he borrowed the above money.

Even if the defendant actually carried out the above business, and thus the business was no longer carried out, so there was a criminal intent of deceiving or deceiving the victim.

subsection (b) of this section.

2) As to the fraud of the victim L, the Defendant only lent one column among the eight-story offices in Mapo-gu Seoul Metropolitan Government MM building leased by theO, and the Defendant paid all the money to be paid to theO, so the amount of the money to be paid to theO should be paid by theO.

Therefore, the defendant did not deceiving the victim in relation to the payment of the above interior work price, nor did he had the intention of deceiving the victim.

3) On May 201, 201, with respect to the fraud of the victim’s Z, the Defendant initially filed a AE officetel building (hereinafter “instant building”) with the victim.

It is only required to lend money to take over 130 households, and only requested to lend money.

However, the defendant borrowed money from the injured party and then transferred the ownership of one unit of the above building with the repayment of the money.

It is promised that the ownership of one of the above buildings will be transferred to the victim from the beginning if it was not implemented due to an unexpected problem.

It is not the deception of the damaged person by deceiving the money.

4) On October 30, 2013, with respect to the fraud of the victim’s Z on the part of October 30, 2013, the victim sought access to the instant building, and the Defendant occupied the said building.

At the request of AK, 50 million won will be occupied and paid to AK.

The victim transferred the horses to the victim, and the victim 50 million won AK.

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