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(영문) 서울동부지방법원 2020.02.14 2019노1605
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of facts 2017 Highest 2757, G did not proceed with the part required to cooperate, so the Defendant could no longer proceed with the construction work, and the Defendant did not have any intention to commit fraud or fraud, since the contract for construction work was rescinded by agreement.

As to the 2017 Highest 4301, the defendant did not know the fact that the instant land belongs to the owner AB, and endeavored to receive the application from the government office to obtain construction authorization and permission, so there was no intention to commit deception or fraud.

As to the 2018 Highest 111, since the defendant was actually awarded a contract for construction, it was possible to make a lump sum subcontract to W, but the project was not executed due to the economic circumstances of the project owner, and there was no intention to commit the crime of deception or fraud.

Of the amount of fraud 50 million won, 20 million won or more shall be the accomplice by fraud, and shall not be related to the defendant.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted that the part of each of the disputes was identical to that of the lower court in the trial, and the lower court determined that each of the facts charged was guilty in full view of the circumstances acknowledged by the evidence duly admitted and investigated.

In light of the following circumstances as to the case of 2018 Godan11, the facts charged by the defendant are fully convicted. Thus, the judgment of the court below does not contain any error of law that affected the conclusion of the judgment by misunderstanding facts as alleged by the defendant, as alleged by the defendant.

In relation to accomplices, there is no need to establish a public contest for the criminal plan that is closely sealed in advance, and each accomplice is involved in the elements of a crime or in essence.

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