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(영문) 수원고등법원 2020.03.19 2019노143
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

After the deadline for submission of the grounds of appeal for misconception of facts or misapprehension of legal principles has expired, documents additionally submitted by the defendant and his/her defense counsel shall be examined only to the extent they supplement legitimate grounds of appeal.

The summary of each fraud assertion against G was as follows. The defendant deceiving G for the following reasons.

The judgment of the court below which found the defendant guilty of each part of the facts charged is erroneous in the misapprehension of legal principles, although it cannot be deemed that there was a criminal intent by deception or fraud.

On May 1, 2012, the Defendant did not agree with G to purchase six parcels of forest and fields (hereinafter referred to as “a Daegu forest”), such as J forest and field in Daegu-gu, and did not deceiving G to the effect that “I would cancel the collateral security right established in Incheon forest and field” (hereinafter referred to as “the foregoing”), with the water security for the transaction between the Defendant and M Co., Ltd. (hereinafter referred to as “M”), on June 11, 2012, the Defendant did not deceiving G to the effect that “I would remove the collateral security right established in the Incheon forest and field.”

On May 23, 2012, the complaint settlement protocol prepared between the defendant and G was signed and sealed without properly verifying the documents presented by G, and Paragraph 3 on the sales contract is written arbitrarily by G.

Rather, G, which was required to pay a large amount of bonds, delinquent taxes, etc., created a right to collateral security in the future to secure the goods price liability of B in transactions between B and M between B, a company that actually manages (hereinafter “former”) and M, and B received the profit from distributing the goods supplied by M.

However, as G did not return money received from the Defendant, the Defendant did not cancel the right to collateral security established in Daegu Forest and Incheon Forest.

As of June 4, 2012, and as of June 8, 2012, respectively.

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