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(영문) 서울중앙지방법원 2018.05.31 2017노4150
사기
Text

The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. The summary of the grounds for appeal (misunderstanding the facts) is reliable in the victim's statement because objective evidence, such as the loan certificate, cadastral map, the defendant's seal impression certificate, deposit confirmation certificate, and the defendant's letter, conform to the victim's statement. On the other hand, the defendant's appeal denying the facts charged in this case is not sufficient evidence to support it and it is difficult to recognize its credibility because it does not conform to the objective evidence and empirical rule, and thus, the defendant's deception against the victim is established. However, the judgment of the court below which acquitted the defendant on the ground of the fraudulent act is erroneous

2. Before making a decision on the grounds of the above appeal ex officio, the prosecutor applied for changes in indictment to the effect that the facts charged were modified as “the modified facts charged” under the judgment below. Since this court permitted this, the subject of the judgment was changed, the judgment of the court below cannot be maintained any more.

However, the prosecutor's assertion of mistake as to whether the defendant's deception is established despite the above reasons for reversal of authority is still subject to the judgment of this court, and we examine the following 3.3.

[Defendant-Appellant] The revised facts charged (amended facts charged) refers to “instant facts charged.”

Defendant 1 was working as the representative director, who is the original revenue and delivery company; and

person is a person.

On January 2010, the Defendant was aware of business in the address of the Seoul Special Metropolitan City or lower-ranking Officer.

F through F, the victim G, the wife of the F, “The purchase contract deposit for the land is insufficient in purchasing the land from the Seocheon-gu, Seocheon-gu H land to implement the loan project.

If a loan of KRW 50 million is lent, it is used as a contract deposit for purchase of land, and at least ten days after the date, it is the principal with a loan from a bank as security.

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