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(영문) 서울남부지방법원 2019.06.20 2018노2141
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the statement of grounds for appeal submitted by a defendant of mistake of facts, the fact that the defendant did not commit a crime like the judgment of the court below is stated in the statement of grounds for appeal, and the fact-finding is also alleged as the grounds for appeal, and the defendant did not explicitly withdraw the above argument,

(A) A written application submitted by the Defendant on June 17, 2019, stating that the Defendant did not absolutely commit a criminal act of deceiving money by deception. The Defendant had the intent and capacity to subcontract the construction to the victim at the time of receiving money from the victim, and there was no deception nor intent to commit the crime of deception.

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

2. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it is necessary to arrange a lien of 20 billion won in order to take over the above construction work and to arrange a lien between the 15th unit building and 15th unit building of the apartment building in the 15th unit of the 15th unit of the 15th unit of the 15th unit of the 16th unit of the 16th unit of the Gasan City and the 16th unit of the 16th unit of the 16th unit of the 15th unit of the 15th unit of the 15th unit of the 15th unit of the 15th unit of the 15th unit of the 15th unit of the 19th unit of the 19th unit of the 16th unit of the 19th unit of the 20th unit of the 20th unit of the 20th unit of the 20th unit of the 20.

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