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(영문) 서울서부지방법원 2013.04.25 2013노188
사기
Text

The judgment below

The parts against the Defendants are reversed.

Defendants shall be punished by imprisonment for six months.

(b).

Reasons

Summary of Grounds for Appeal

Defendant

B (F) The imprisonment (six months of imprisonment) imposed by the court below is too unreasonable.

Defendant

C (Fact-finding, misunderstanding of the legal principles, unreasonable sentencing) Defendant C did not in collusion with Defendant B and A, and the sentence (six months of imprisonment, two years of suspended execution, two years of social service, and two hundred hours of imprisonment) imposed by the lower court is too unreasonable.

Judgment

Defendant

In full view of the evidence duly examined and adopted by the court below as to the assertion of mistake of facts, the defendant C and Changdong reconstruction implementer of the following circumstances, i.e., the situation that it is difficult to carry out the construction project due to failure to secure the construction fund (project financing and PF fund) by the implementation company of the reconstruction project, and that they agreed to secure the construction fund of the reconstruction project through bromoer; the defendant C could secure the construction fund of the reconstruction project through bromoer. However, the representative of the defendant C merely applied for the registration of business; it is a construction company that has not actually carried out the construction project; and there was no consultation with the owner before it provides the actual fund; the defendant C and Eul asserted that the construction fund can be secured with a flexible expectation; the defendant C and Eul prepared a false subcontract contract (Investigation record 16 pages) with the implementation company for the purpose of preparing expenses even if the actual implementation company of the reconstruction project of Changdongdong Building project was not the victim of the above construction project; the defendant C and the victim of the 2100 out of the subcontract.

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