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(영문) 서울중앙지방법원 2019.01.10 2018노624
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: (a) the summary of the grounds for appeal (fact-finding) of I’s statement that was the vice president of C Co., Ltd.; (b) the Defendant did not perform the terms and conditions of the contract that he concluded with C Co., Ltd.; (c) the form of the contract is difficult to be deemed normal; (d) the Defendant’s statement at the time of entering into the contract is inconsistent; and (e) it is difficult to believe K’s statement also, the Defendant may sufficiently recognize

2. The amendment of indictment to the indictment shall become the first instance court and the facts charged against the defendant shall be the second instance court, and the second instance court shall be the second instance.

B. As stated in Paragraph 1, an application for amendments to Bill of Indictment was filed, and this Court permitted this to change the subject of the adjudication.

Under the following, regardless of the change of the object to be tried, the prosecutor's assertion of mistake of facts concerning the primary facts subject to the judgment of this court and the ancillary facts added in the trial shall be judged in order.

3. Determination

A. Judgment of the prosecutor’s assertion of mistake of facts as to the primary facts charged 1) The Defendant is a Co., Ltd. (hereinafter “C”) which develops a golf course on the land of Hancheon-si B and 430,000 square meters.

(D) A Co., Ltd. (hereinafter “D”) around December 10, 208, while serving as an employee of the Company, on or after December 10, 2008.

AB established this chapter.

On December 1, 2009, at a restaurant in which it is impossible to know the trade name in the debt registry of the Sincheon-si, the fact is ordered by C to the injured party E by “D to develop a golf course of not less than 430,000 square meters in Yancheon-si, Yan-si, and even though it was not awarded a contract by C for the set-off construction.”

If the price of the above timber project is equivalent to KRW 1.29 billion, and the security deposit is paid in advance, it would be possible to enter into a contract for the timber project and enter into a contract for the timber project if it is paid in advance.

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