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(영문) 창원지방법원 2020.11.13 2020노1670
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant actually completed the construction of solar power generation facilities with the funds received from the victim B and S, and the Corporation failed to implement the construction of solar power generation facilities, and the said victims intended to purchase the land with the funds received from the victim K, but failed to implement the project due to the authorization, permission, etc., but decided to borrow the investment funds in consultation with the said victim. Therefore, the Defendant did not deceiving the victims, but did not intend to commit fraud by the Defendant.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as this part of the grounds for appeal, and the lower court rejected the Defendant’s assertion on this ground as stated in its reasoning, and determined that the Defendant acquired money by deceiving the victims as the facts charged, in the form of a construction contract deposit for solar power generation facilities.

In light of the evidence duly adopted and investigated by the court below, the judgment of the court below is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts.

Therefore, the defendant's assertion of mistake is without merit.

B. The instant crime of this case on the assertion of unfair sentencing is significantly poor in light of the applicable applicable law and the amount of damage, etc., by deceiving the victims as if the Defendant installed solar power generation facilities, thereby deceiving them total of KRW 330 million from the victims.

The defendant tried to write the appearance of the contract, such as the performance of part of the contract through defective construction work.

The defendant does not pay additional intermediate payments to the victims up to the trial.

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