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Reasons
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(영문) 서울중앙지방법원 2017.02.15 2016노4724
사기
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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had the intent and ability to repay money from the victim at the time of misunderstanding of fact, it would result in unexpected changes in circumstances that led to the failure to repay.

There is no intention to commit fraud against the accused.

B. The punishment of the lower court is heavy.

2. Determination

A. In full view of the following circumstances acknowledged by the court below as a whole based on the evidence examined in the court below’s conviction for misunderstanding of facts and misunderstanding of legal principles, it can be recognized that the Defendant acquired money by deceiving the victim as stated in the instant facts charged.

1) K is about 8,500 square meters of land in four parcels, including Jincheon-gun Q, Inc., Ltd., the actual operation of which was conducted by K (hereinafter “the instant real estate”).

B was promoting a project to develop B as factory site (the real estate in this case was on which the right to collateral security of KRW 767 million was established).

2) On May 23, 201, J purchased the instant real estate in KRW 1.2 billion, and accepted KRW 767 million as collateral loans, and paid the remainder of KRW 100 million on the date of the contract, but did not prepare any balance of KRW 350 million, thereby taking down down down down down down the down payment.

3) On September 26, 201, the Defendant and J entered into an investment contract with K and the instant real estate upon cancelling the previous sales contract and jointly developing the instant real estate. The sales price of KRW 100,000,000,000,000,000, which was already paid to Stim Savings Bank, was used to pay interest of KRW 7.6 million per month, the Defendant and J additionally paid KRW 300,000,000,000,000,0000,000,000,000,000

4) In order to raise an investment amount of KRW 300 million under the above investment contract, the Defendant and J provide the victim E with whom the Defendant had a friendly relationship with his mother as security.

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