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(영문) 서울서부지방법원 2017.12.21 2017노1322
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misconceptions of the facts, the Defendant committed an accounting fraud against the Defendant by misunderstanding of the facts or misunderstanding of the legal principles, even though he did not have any documentary evidence, such as some receipts, in the process of performing the duties of the redevelopment and improvement project association for housing in the victim D renewal promotion zone (hereinafter “victim association”). As such, the lower court found the Defendant guilty of fraud by misapprehending the legal principles or by

B. The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Determination

A. (1) The Defendant also asserted the same purport as the grounds for appeal, and the lower court rejected the Defendant’s assertion on the following grounds.

In other words, facts or circumstances acknowledged by the evidence duly adopted and investigated by the court below, ① fraud is established by deceiving another person and acquiring property or pecuniary benefits from the defective intent, and the essence of fraud is to acquire property or pecuniary benefits from deception, thereby infringing upon the other party’s property. As such, it does not require that the other party may actually incur property damage. ② The data submitted by the defendant alone was actually spent the expenses equivalent to the above KRW 5.69 million while providing services related to the inaugural general meeting.

In light of the fact that: (a) the Defendant did not notify the victim union of the fact that the Defendant actually spent the cost of producing a guide book for publicity with no receipt, but did not notify the victim union of the fact that the amount claimed by the Defendant was paid by mistake as the cost of producing a guide book for public relations; and (b) the victim union is guilty of fraud against the Defendant.

(2) The court below's order was issued.

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