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(영문) 광주지방법원 2016.10.25 2015노2966
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime against the victim G of mistake of facts and H, the above victims were aware of the defendant's ability to repay, and since the defendant provided sufficient security, there is an error of mistake of facts in the court below which convicted the defendant even though he did not recognize the criminal intent of deceitation.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. The lower court, based on the following facts and circumstances, found the Defendant guilty of all the facts charged in the instant case on the ground that, even if the appraised value of a building offered by the Defendant as security exceeds the amount of claims, it cannot be deemed a security having a value equal to the appraised value due to overlap of legal relations. Therefore, the Defendant cannot be deemed to have provided sufficient security to the victims, and the Defendant cannot be deemed to have had the ability to pay the appraised value as thought by the victims.

Around August 2009, the Defendant constructed a “F” which is a multi-household housing without any particular property, and the Defendant had already been liable for a loan and bond amounting to KRW 1.3 billion.

B. Even if the Defendant completed a multi-household house, it was impossible to obtain a construction permit on the condition of the donation of access roads due to the lack of KRW 200 million for the purchase of access roads.

C. The Defendant began to set up FF after obtaining a building permit on the instant land, and received the land on the F site from the person who suffered from the financial shortage and sold the name of the building permit in the name of the company, upon receiving the successful bid, KRW 50 million for the development of the weather industry.

As stated in the above facts, the Defendant offered as security the right to sell a building that has not been completed as if the right to sell the building was offered to the victim Q Q as security, or sold or leased it to the obligees in the process.

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