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(영문) 대구지방법원 2018.10.18 2018노2168
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not defraud the building materials from the damaged person.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty by taking account of the evidence indicated in the instant facts charged.

2) At the first instance court, the Defendant asserted that “after the completion of the construction of the building located in Busan City F, the owner of the building would have received the cost of the construction from the owner and would have received the cost of the materials. However, the Defendant did not induce the victim to receive the cost of the construction due to the failure to complete the construction.” However, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e.,, to receive the construction of the building: (i) the road at Busan City is to be donated to the victim at the time of Gyeongsan; (ii) the said road is subject to the right to collateral security (see, e.g., Supreme Court Decision 200,000,000 won, 50,000 won, which was already donated to the Defendant; (iii) the Defendant would have been 60,000 won, 200,000 won, 205,000 won, and 204,000,000 won,00 won,0 evidence (see,000 won).).

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