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(영문) 수원지방법원 2018.11.30 2018노5741
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of facts or misapprehension of the legal principles, the Defendant did not deceiving the victim by the criminal intent of deception, with regard to the fact that 50 million won was the fraud and 30 million won was the fraud.

B. The lower court’s sentence against an unfair defendant in sentencing (eight months of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The summary of this part of the facts charged is 1) 50 million won fraud Co., Ltd. C operates Co., Ltd.; Defendant A operates Co., Ltd.; and Defendant B operates F.

C and Defendant A did not proceed properly with the construction work of the general industrial complex development project in the port G G G, but they had received subcontracting from the contractor in the order of order, and had the victim H through B to raise the cost of withdrawal of auction for real estate.

On July 17, 2014, C and Defendant A made a contract for construction work with the content that C Management Co., Ltd. subcontracted the above G G site gathering construction work to Defendant A Co., Ltd., Ltd., Ltd., and Defendant A made a contract for construction work with the content that C would subcontract the above construction work to F Co., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., and

On July 20, 2014, B believed that it is possible to receive a sub-subcontract for the construction work, showed a contract for the subcontract for the construction work of GY in F. F. G., the victim prepared in Ansan-si, P.C., and the victim re-subcontracted the construction work to E after C’s re-subcontract for the three construction sections of the general industrial complex construction work of P. C., which was conducted within the three construction sections of P. G., and within the Republic of Korea, there is a need for KRW 50 million to obtain a re-subcontract for the construction work from A.

It is possible to repay with no money within three months from the lending of money, and 50% of the interest shall also be paid by proceeding with the work.

“.......”

However, I, a primary subcontractor, is a corporation.

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