beta
Text
The judgment below
Part concerning the second and third crimes in the judgment shall be reversed.
The defendant shall be punished by imprisonment with prison labor for the crimes of Nos. 2 and 3.
Reasons
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty by misunderstanding of facts and misunderstanding of legal principles as follows or by erroneously understanding the legal principles.
1) As to the crime No. 1 of the judgment of the court below (crime of fraud against the victim F), the Defendant is the Corporation for the New Urban Residential Housing Construction (hereinafter “instant Corporation”) in Yongsan-si, G in which the Defendant received all loans from the victim F and executed the loan from W.
(2) As to the crime of Article 2 (Obstruction of Rights) of the judgment below, the Defendant’s disposal of part of the machinery provided as security to the victim J union (hereinafter “victim J union”) as to the crime of Article 2 (Obstruction of Rights) of the judgment of the court below was acknowledged. However, the Defendant agreed with the victim J union to exclude the relevant machinery from the collateral list in advance in the process of preparing a contract for alteration of the right to collateral security, and the said machinery was not excluded from the collateral list due to mistake, and thus, the Defendant cannot be said to have had the intention to interfere with the exercise of rights.
3) It is true that the Defendant leased a neck from the victim L with regard to the crime No. 3 (crime of fraud against the victim L) in the holding of the court below, or that the owner bears the obligation to pay the above neck rent, and it is merely a fact that the owner does not have paid the rent and does not have to pay the above neck rent. Therefore, the Defendant cannot be deemed to have accused the above victim intentionally by deception. Accordingly, as to the crime No. 4 (Offense of Fraud against the victim T&) in the holding of the court below, the Defendant was provided with the right to some real estate under the pretext of payment in lieu of the construction cost of this case from W, the owner, thereby selling it later or remaining from W.