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(영문) 서울동부지방법원 2013.05.16 2013노174
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts, the Defendant: (a) around July 2007, the Defendant: (b) around 4, 2000 won, C, a specialized management business entity of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, operated by the Defendant, issued a claim for the service cost of one billion won from D Reconstruction Project Association; and (c) at the time, E, a president of the said Union, paid the service cost of one billion won through the resolution of the general meeting of its members; (b) around April 2004, C, a corporation, did not receive payment of the service cost of one billion won from J, a chairman of the committee of the M Housing Reconstruction Project, with the approval of the competent Gu office; and (d) was found to have been guilty of the Defendant’s payment of the above service cost of 450 million won and the loan cost of 322 billion won and the loan payment of 205 billion won from 200 million won to 300,000,0000 won, respectively, which had been found to have been 2000.

B. The lower court’s imprisonment (six months of imprisonment) is too unreasonable even if the Defendant was convicted of an unreasonable sentencing decision and the Defendant’s conviction.

2. Determination

A. As to this case of mistake of facts, the court below is legitimate.

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