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(영문) 서울서부지방법원 2015.01.22 2014노1483
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) As to the facts charged under Article 1 of the judgment of the court below (2012 Godan1635), the Defendant acquired apartment construction projects as stated in the facts charged from J. The Defendant knew at the time of acquisition that the obligation to the commercial mutual savings bank was 5.8 billion won and that the obligation to the J’s commercial mutual savings bank was 8.8 billion won, but it was late 8.8 billion won. The failure to repay this portion of the contingent loan is due to the above 3 billion won, and it is not a loan from the victim G without the intention or ability of initial repayment. 2) As to the facts charged under Article 2 of the judgment of the court below (2012 Godan1635), if the Defendant is unable to pay the construction cost, it does not induce the victim to construct 602 of the apartment under construction to the victim J (the same person with the above J.) as a substitute.

3) As to the facts charged under Article 3 of the judgment of the court below (2012 Highest 2502), the Defendant, without gathering the fact that the voluntary auction procedure against NA building 503 under the name of female students as stated in the facts charged, offered it as a security, and made a victim MA withdraw a lawsuit or provisional seizure, and does not deceiving the victim with the knowledge that the above 503 No. 503 was an object which is not a security value. B. The court below’s sentence of unfair sentencing (as to the crime No. 1 and 2 of unfair sentencing, imprisonment with prison labor for 1 year and 6 months, and for the crime No. 3 of the judgment of the court below,

2. Determination

A. As to the assertion of mistake of facts, the court below found all of the charges of this case guilty based on the evidence of the court below, and compared the judgment of the court below with the records, it is just and there is no error affecting the conclusion of the judgment, and the defendant's ground of appeal

1. On June 30, 2008, the content of the fraudulentation of the money stated in this part of the facts charged as to the facts charged in the 1st judgment of the court below shall be October 1, 2008 by the defendant G to the victim G.

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