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(영문) 서울중앙지방법원 2016.08.25 2016노513
사기
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

(2) the date of this judgment.

Reasons

1. The lower court rendered a not guilty verdict on the fraud of the instant facts charged against D, E, F, and nameless wounded (G) and found the remainder victims guilty. Since only the Defendant appealed on the guilty portion among the lower judgment, the acquitted portion among the lower judgment was final and conclusive separately after the lapse of the appeal period.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles (1) The Defendant entered into the instant remodeling construction contract with H Co., Ltd. (hereinafter “H”), and accordingly H was carrying out the instant construction project, and the Defendant is liable for and directly paying the construction cost to K and construction business operators as stated in the facts charged.

There is no deception by deceiving the drug.

(2) Even if the Defendant is liable for and paid the construction cost to K and construction business operators.

was committed.

Even if the Defendant had the ability to repay with sufficient financial resources at the time, and had the intent to pay part of the construction cost to the construction business operator, and there was the intention to commit the crime of defraudation.

subsection (b) of this section.

(3) Unlike each assertion mentioned above, even if the intent of deception and deception by the Defendant is recognized, the evidence submitted by the lower court, including the construction cost of the portion that was undertaken before the discontinuance of the construction work on January 2012, 2012, is sufficient to conclude that the amount of damage suffered by K and construction business operators is as stated in the facts charged.

shall not be appointed by a person.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

3. Determination

A. The argument that the deception is denied (the above argument)

2. A. (1) The Defendant asserted that the judgment of the lower court is identical to that of the above facts, and the lower court rejected the said assertion in detail by providing a detailed statement on the judgment.

The court below is legitimate.

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