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(영문) 울산지방법원 2013.04.12 2013노67
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant paid the victim E an amount of KRW 10 million around April 9, 2009 and KRW 30 million around April 16, 2009, respectively, and separately paid the victim E an amount of KRW 2 million on April 22, 2009.

Therefore, even though the Defendant paid only KRW 2 million to the victim E on April 22, 2009, the Defendant was recognized as paying KRW 42 million on the same day in civil litigation with the victim E, and there was no fact of deceiving the court to gain property benefits by inducing the payment of KRW 42 million.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. 1) The Defendant asserted the same purport at the lower court’s judgment, but the lower court found the Defendant guilty of this case’s charges by comprehensively taking account of the evidence duly adopted and investigated. On the other hand, the Defendant’s assertion and judgment on it was rejected on the grounds of detailed reasons in the column of “the Defendant’s assertion and defense counsel”. 2) On April 22, 2009, the Defendant paid KRW 2 million to the victim E on April 9, 2009, while paying KRW 10 million for construction cost, including KRW 30 million paid on April 16, 2009, and KRW 42 million paid on April 16, 2009, and KRW 30 million paid from the victim E on April 22, 2009, the lower court was justifiable to have determined that there was no erroneous determination of facts that affected the conclusion of the judgment by proving that there was no false payment of construction cost reduction and exemption and exemption.

① On April 8, 2009, the Defendant entered into a contract with the victim E on April 8, 2009 under which the price for the installation of G gas stations capital and dangerous goods is KRW 154 million (including surtax) and the construction period is fixed and fixed as contract cycle by June 20, 2009.

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