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(영문) 대구지방법원 2020.05.29 2019노4469
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that the defendant of mistake of facts received KRW 250 million from K as a performance bond for the removal works related to Sejong City, or KRW 150 million from K as a performance bond for the removal works related to Sejong City, but the defendant does not deceiving the victims, thereby deceiving each of the above money.

In other words, the defendant is also a victim who was accused of the AB union (hereinafter "AB union") to enter into a joint project agreement related to the Sejong City Removal Corporation by deceiving the AB union (hereinafter "AB union") and is believed to be true and has not inflicted damage on the victims in the process, and not to receive each of the above money from the beginning, since the defendant did not have any criminal intent to obtain the above money from the beginning.

(3) The Defendant’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense attorney’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense of fraud from the summary of the pleadings submitted by the court of the trial room to the extent it supplements the Defendant’s grounds for appeal.

B. The sentence imposed by the lower court (one year and six months of imprisonment with prison labor for the crimes in subparagraph 2, 2018, 2018, 1735, and 2018, 3259) is too unreasonable.

2. Determination

A. According to the judgment of the first instance court on the assertion of mistake of facts, among the evidence submitted by the Defendant in the judgment of the first instance court, the fact that the Defendant complained against A to obtain 513,937,50 won in the name of performance guarantee for the removal works by deceiving the Defendant from AA in relation to the Sejong City Removal Works, and AA is the above accusation.

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