logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.06.10 2019노701
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the erroneous determination of facts (the 2018 Highest 405 Fraud in the original judgment) (the 2018 Highest 405 Fraud in the original judgment), the request for construction against the victim M was led by P, and the cost of construction does not exceed the amount indicated in the original judgment, and there was an error of law that affected the conclusion of the judgment by misunderstanding the facts in the original judgment, which found guilty of this part. 2) The Defendant made confessions and objects to the remaining fraudulent acts, the Defendant agreed with the victim C, and made efforts to recover additional damage, and the Defendant was a dead cancer, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

B. In light of the fact that the prosecutor’s fraud of this case, the damage recovery is not well achieved, the defendant has the same criminal power, etc., the sentence of the court below is too unfeasible and unfair.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, i.e., (i) the Defendant requested the Victim M to perform the reinforcement work of O land, an adjacent land in order to obtain a loan by increasing the value of land D and E, (ii) the Defendant, including the Victim M, made a statement that the Defendant led the above reinforcement work, and (iii) the said D and E were set up a collateral security right with the obligation of several hundred million won at the time, and the Defendant was not paid part of the construction cost for the above two land that the Defendant requested the Victim M before the said reinforcement work, and (iv) under such circumstances, the Defendant told the Victim M to pay KRW 52,50,000,000 for the construction cost even after receiving the above land as collateral, as indicated in the lower judgment.

arrow