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(영문) 전주지방법원 2013.08.30 2011노1004
사기등
Text

1. The part of the judgment below regarding fraud is reversed.

2. The defendant is innocent;

Reasons

1. After remanding the case, the court below found the defendant guilty of all the charges of this case against the defendant and sentenced the defendant to two years of imprisonment. The court below reversed the judgment of the court below prior to remand and sentenced the defendant guilty of fraud among the charges of this case, and sentenced the defendant to one year and six months of imprisonment and three years of suspended execution, and sentenced the defendant not guilty of alteration of official documents, alteration of altered official documents, uttering of altered official documents, and obstruction of business, and the prosecutor appealed on the part of the defendant's guilty.

The Supreme Court accepted the defendant's appeal and remanded the above guilty part of the judgment prior to the remand, and dismissed the prosecutor's appeal on the acquittal part.

Therefore, the scope of the judgment of the court after remand is limited to fraud except for alteration of official documents, uttering of altered official documents, and obstruction of business, which are confirmed not guilty due to the dismissal of the prosecutor's appeal from the judgment of the court below.

2. Summary of grounds for appeal;

A. The Defendant did not have a duty to notify the victim of the dispute over construction price, etc., and even if the Defendant had such duty of disclosure, it was notified to the victim. Thus, the Defendant did not deceiving the victim.

In addition, since the defendant had the intent and ability to allow the victim to do the instant construction, there was no intention to commit fraud.

The Defendant did not receive 142,00,000 won in total, including 10,00,000 won, from each of the 5,000 won per annum and annual interest of 7,8,12,14,15, and 17 of the annexed list of crimes in the lower judgment.

Nevertheless, the court below accepted this part of the facts charged and found the defendant guilty. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. Imprisonment with prison labor sentenced by the court below.

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