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(영문) 부산지방법원 2013.10.24 2013노415
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Even though the Defendant did not have the intention of deceiving the victim from the beginning to defraud him, the lower court committed an unlawful act that affected the conclusion of the judgment by misunderstanding the fact that the Defendant, by intentionally deceiving the victim and by deceiving the victim with the cost of construction KRW 120 million.

B. The lower court’s imprisonment (one year and six months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Prior to the judgment on the grounds of appeal ex officio, the prosecutor examined the part of the judgment on the ground of appeal by the court below that "However, the defendant did not have the ability to carry out the said new construction work because the defendant had been able to carry out the construction work because he had been able to pay the above existing debt, even if he has been paid the construction cost due to the excessive payment of the 13 million won due to the delayed payment of the 13 million won with respect to the existing construction work," the part that "However, the defendant did not have the ability to pay the 90 million won with respect to the previous construction work, such as delayed payment of the 13 million won due to the overdue payment of the 13 million won due to the above overdue payment of the 13th through the 5th sentence of the charges of this case, and the 13 million won overdue payment of the 13th,000 won due to the above additional construction work, which was issued by the victim and did not have the ability to modify the construction cost as stated in the judgment below."

However, the defendant's assertion of mistake is still subject to the judgment of this court even after the amendment.

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