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(영문) 서울중앙지방법원 2018.04.12 2017노2778
사기
Text

The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal - misunderstanding of facts or misunderstanding of legal principles and improper sentencing

A. As examined below by the misunderstanding of facts or by misapprehending the legal principles, the Defendant did not deceiving H, the representative director of the victim company.

Nevertheless, the judgment of the court below which found the guilty guilty of the facts charged is erroneous or erroneous in the misapprehension of legal principles on fraud.

1) The Defendant is not the Defendant but the victim company to take the responsibility for purchasing the land in relation to the instant development project, and even if the Defendant was transferred the purchase cost of the land, it is natural to take measures according to the business agreement.

2) The representative director of the victim company

H has been aware of the financial status or financing plan of the defendant, and therefore there is no deception on this part.

3) The land sales contract with I is not rescinded and still effective.

4) The borrowing of money from N as a security for the instant forest is the date after the Defendant received a remittance of KRW 470 million from the victim company.

B. Even if the court below found the defendant guilty, the sentence imposed by the defendant (one year and six months of imprisonment) is too unreasonable.

2. The facts charged in this case and the judgment of the court below

A. In the facts charged, the Defendant was entrusted with the authority to develop the instant forest, etc. as a electric source house by a person who owns a real ownership of 18,91 square meters (D shares of 18,482 square meters E 509 square meters) of woodland 54,231 square meters (hereinafter “the instant forest”).

On December 27, 2012, the Defendant entered into a joint project agreement with F Co., Ltd. (hereinafter “victim”) under the name of D, and entered into a joint project agreement with F Co., Ltd. on December 28, 2012, with the victim company to purchase all the shares of other co-owners of the instant forest and fields, and additionally purchase adjacent forests and fields to develop them as electric source housing.

The defendant.

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