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(영문) 인천지방법원 2014.12.24 2014노3576
사기
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had the intent and ability to develop and supply the conspiracy agreed with D with D to mistake the fact.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Around November 29, 2011, the Defendant: (a) made a false statement to the purport that the Defendant was in Jung-gu Seoul, Jung-gu, Seoul, which was operated by the Victim D, and (b) obtained money from the Victim D, and (c) obtained money from the Victim for the supply of the teat development fund, such as the teat development fund, to the Defendant at a low cost, even though there was no intent or ability to develop and supply the teatat in return for money from the Victim; and (b) obtained money from the Victim as the development contract deposit around December 28, 2012 from February 16, 201 to May 2, 2012 from February 16, 2012, 24750,000 won by receiving 4 times more than 1,92.

3. Determination

A. The following facts can be acknowledged in full view of the evidence duly adopted and examined by the court below and the court below.

① The Defendant has prepared a drawing of a small mar for more than 30 years, and has been running a mar development business supplying gold paper by requesting the production of gold paper to the gold-type producer, and further, a mar supply business supplying gold paper produced by requesting the production of gold paper to the mar producer.

② Around December 16, 201, the Defendant and D paid KRW 5 million to the Defendant for the development commencement of D. Around December 16, 2011, the Defendant developed a bridge that D wants, and supplied D with KRW 20,00 for each unit of 14,80 (a total of value added tax, KRW 29.6 million), and entered into a contract for the supply of goods with the content that D will receive half of each order at the time of ordering and in full payment.

(3) D With respect to the motor vehicles developed by the defendant by the defendant, D shall be KRW 5 million on December 28, 201, and KRW 8 million on February 16, 201, and the same year.

6. 3.5 million won, 26. 350 thousand won, and the same year;

5.2. 6.6 million won paid 2,47.5 million won.

(4) The defendant.

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