(영문) 의정부지방법원 2014.11.21 2014노2216

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2014.11.21 2014노2216

사기등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. The fact that the defendant concludes a housing construction contract with the victim and received KRW 25,00,000 among the construction cost, the fact that the above construction has not been fully completed, and the fact that part of the paid construction cost has been used for other purposes is recognized.

However, the Defendant completed the above construction work more than 60%, and the failure to complete the construction work was due to the difference in the victim’s opinion, and there was the construction cost payable from another place. As such, the Defendant had the intent and ability to complete the construction work at the time of entering into the contract or receiving the price.

Therefore, the judgment of the court below which pronounced guilty of this part of the facts charged is unfair as it misleads the facts.

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

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly adopted and examined by the lower court on the assertion of mistake of facts (the fraud against the victim G), the Defendant entered into a contract with the victim on housing water supply and drainage facilities, ceiling, door, glass, and Changho Construction Contract ( March 31, 2013) equivalent to KRW 20,282,50 of the total construction cost on March 11, 2013, and entered into the contract on the construction cost of a toilet with the amount of KRW 8,097,50 ( April 10, 2013), and entered into the contract on the construction of a toilet (the scheduled date of completion of the construction) equivalent to KRW 8,097,50 on March 30, 2013; the Defendant received KRW 25,000,000 from the victim until April 23, 2013; the Defendant used part of the construction cost as above for any other purpose; the Defendant did not complete the construction work in its entirety or in its capacity to complete it.

유사 판례

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