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The judgment of the court below is reversed.
Defendant
A is punished by imprisonment with prison labor for each fraud set forth in paragraphs 1 and 13 of the judgment of the court below, and remainder.
Reasons
Summary of Reasons for appeal
A. Defendant A (1) misunderstanding the fact (A) as stated in the judgment below, Defendant A borrowed funds from the victim D for the operation of G Co., Ltd. (hereinafter “G”), and used them for the purpose of designing the high side of Gangwon-do, there was no deception of the said victim, and there was no intention of defraudation.
(B) Each crime of fraud (No. 2015 order 3117) set forth in the judgment of the court below (No. 2015 order 2017), the Defendant, at the time of borrowing operating funds from the victim J, would transfer the ownership of No. 26 at the time of unpaid repayment
There was no deception, and it was scheduled to repay through the re-sale in subparagraph 26 of I.
Although the completion of I did not reach the wind, the above victim received a total of KRW 180 million from November 2015 by means of collecting the seizure of G national tax refund, etc. after the completion of the construction, and thus, there was no intent to commit deception and fraud by the Defendant.
(C) Each crime of fraud (No. 2016 high group 39) set forth in the judgment of the court below (No. 2016 high group 39) is revoked by Q. 24 without implementing an intermediate payment loan.
Since the contract for sale in lots was made with LW, there was no deception for the above victim.
In addition, in the process of changing the trust company from the trust of the pathization to the trust of Korea, there is no account to be deposited in the name of the trust company, and only the account is deposited in the name
(D) On March 6, 2014, the Defendant entered into a sales contract for H, V, and W land with S Co., Ltd. (hereinafter “S”) and BK on March 6, 2014 as indicated in the holding of the lower judgment, and entered into a trust contract with the trust agreement; and due to the mortgage created by the purchase of BL land, it is not possible to enter into a sales contract due to the impossibility of trust agreement; BL, and W land in order to construct subparagraphs 8 and 9 in addition to the 10 households among the 10 households of the BL and W land; but S has to obtain an additional development project license for the said land, but around March 3, 2015.