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(영문) 인천지방법원 2018.06.22 2016노4249
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) was aware of the fact that D had entered into an immigration funeral agreement with the victims; (b)

Although it was unaware of the fact of deception, the victims did not know that the cemetery transfer contract was concluded between F and Kan City, it was merely notified that the Defendant prepared a design plan based on F technology concerning the cemetery transfer project at Gan City, and the Defendant was highly likely to receive the project. However, the judgment of the court below, while recognizing D’s deception, did not allow the Defendant to impliedly.

The judgment of the court below is erroneous in finding facts.

B. The sentence that the court below sentenced against the defendant (one hundred months of imprisonment and two years of suspended execution) is too unreasonable.

2. The following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, namely, the victims, consistently from the investigative agency to the investigation agency, to the date of this Court, the victims entered into a contract with D to enter into a graveyard transfer contract at the time of the patent to be held by the Defendant and the time of the victims, one-lane 5,000 of which

In addition, although the defendant was in the same place and did not speak about the contents of the contract, he provided an explanation about his patent right under the condition that D knows about one story.

(2) D has entered into a cemetery transfer contract between the time when the defendant was present and the time when the defendant was present in the court.

Although it was stated that D did not know that D had denied the instant crime in the first instance court in D’s criminal case, it was found that D denied the instant crime, and that the appellate court led to the confession of the instant crime, and ③ the Defendant reported the agreement between D and the victims in the relevant criminal case against D and concluded the cemetery transfer contract between D and F.

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