(영문) 울산지방법원 2020.10.15 2019노1243 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2020.10.15 2019노1243

사기

Text

The judgment below

The acquittal portion shall be reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

except that from the date of this judgment.

Reasons

1. The court below found the victim I, J, K, G, and N guilty of each fraud among the facts charged in the instant case, and rendered a judgment of innocence as to each fraud against the victim B, G, and N. Since the prosecutor appealed only to the acquitted portion, the part of conviction against the defendant and the prosecutor did not appeal was separated and determined separately.

(see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992). Therefore, the scope of this court’s adjudication is limited to the acquittal portion of the lower judgment.

2. According to the evidence related to the summary of the grounds for appeal (not guilty part), each of the facts charged is found guilty, and the judgment of the court below which acquitted the defendant, is erroneous in the misapprehension of facts, even though the defendant acquired the benefit equivalent to the construction cost by having the victim B and C work without the ability or intent to pay the construction cost.

3. Determination

A. From March 2015, the Defendant: (a) newly constructed Da-si and seven parcels of land, the Defendant agreed to contract the construction work to E with the first priority; (b) however, the said construction work (hereinafter “the first construction”) was suspended due to the shortage of funds from E around June 2015; (c) the Defendant did not have the intent or ability to again commence the construction work that was directly interrupted (hereinafter “second construction work”); and (d) the victim did not have the intent to pay the cost of construction (hereinafter “second construction work”); (c) the Defendant made the victim’s false statement that the victim would make the payment for the steel bars work and the instant installation work from February 17, 2016 to March 2016, and (d) caused the victim to perform the construction work in an amount equivalent to KRW 1 million from June 15, 2015 to March 25, 2016 to KRW 1 million from June 25, 2016 to the victim’s new construction work.

B. The lower court determined that the Defendant is related to each construction project performed by the victims.

참조판례

-대법원 1992. 1. 21. 선고 91도1402 전원합의체 판결

유사 판례

-대구지방법원 2017.01.12 2016고단3912

-대구지방법원 상주지원 2015.06.09 2015고단37

-부산지방법원 2018.11.30 2017나9760

-광주지방법원 2016.06.10 2015나9505

-대구지방법원 서부지원 2013.09.12 2013고단798