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(영문) 수원지방법원 2016.11.18 2016노5630
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the fraud against the victim C among the facts charged in the instant case, comprehensively taking account of the following: (a) the Defendant was immediately immediately before the closure of the business at the time of receiving the construction cost of the instant panel; and (b) the Defendant was paid the construction cost of the board without notifying such circumstances despite the fact that the Defendant was in excess of his/her obligation; and (c) the Defendant was using the construction cost of the board received for the repayment of personal obligation and did not entirely perform the construction work of the board; and (d) the Defendant

Nevertheless, the court below which found the defendant guilty of this part of the facts charged erred by misunderstanding the facts.

B. The punishment of the lower court (one year of imprisonment) is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. On April 2, 2013, the Defendant concluded a construction subcontract with the victim to construct warehouse buildings on the above P land at the victim’s office located in Sungsung-si Office, and completed the structural construction by receiving KRW 20,000 as the down payment. On July 5, 2013, the Defendant told the victim to the effect that the Defendant will have the construction of the 20,000 won from the main board.

However, the Defendant, as a person with bad credit standing at the time, was closed ex officio on July 31, 2012 by G Co., Ltd. with approximately KRW 30,000,000,000, and the personal debt was approximately KRW 220,000,000. In addition, even before entering into a construction contract with the victim, even before entering into the construction contract with the third party, the Defendant did not complete the construction work due to the financial situation. As such, even if the Defendant received KRW 20,00,000 from the victim, he did not have any intention or ability to allow the construction work of the board even if he received

The defendant deceivings the victim as such, and is the account of community credit cooperatives under the name of the defendant in the name of the expenses for the construction of the same day from the victim.

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