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(영문) 서울북부지방법원 2020.02.07 2019노959
사기
Text

The judgment of the court of first instance (excluding the dismissal part of an application for compensation) and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The first instance court dismissed the application for compensation order filed by B and C, the applicant for compensation, respectively.

An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation order pursuant to Article 32 (4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the foregoing dismissed portion shall be excluded from the scope of the adjudication of this

2. Summary of grounds for appeal;

A. The judgment of the court below of first instance is erroneous) The project to remove and sell new buildings on the ground of Dongdaemun-gu Seoul Metropolitan Government E-ground FF buildings (hereinafter “instant officetel sales project”).

(2) As to each fraud regarding the facts charged in the judgment of the court below, the Defendant introduced victims from J and G, and did not deceiving the victims. However, the J and G introduced the Defendant without giving detailed explanation to the victims at the time of the desire for paths, and the Defendant had the intent and ability to carry out the above business at the time. 2) As to the fraud against the victim X, the Defendant and the victim X were moraleed by both the Defendant and the victim X.

On May 7, 2009, the Defendant entered into a contract with V, the representative of BU, to conclude a construction contract for U business, and paid approximately KRW 110 million to V from that time until February 20, 2012.

The Defendant was unable to know at all until February 20, 2012, that the foregoing business had no substance.

3) With respect to the fraud against D, the Defendant was delegated with the sale of a ship from X. X is hard to believe that X has a good appraisal against the victim.B) As to the fraud against the victim BO in the lower judgment, the victim is a child-friendly member of the Defendant, and thus, constitutes a crime subject to victim’s complaint (Article 361 and Article 328 of the Criminal Act). However, the victim is the victim’s above-mentioned victim’s crime subject to victim’s complaint.

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