beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. Summary of grounds for appeal;
A. The defendant of mistake of facts may newly construct a telecom on the ground of the Hongcheon-gun Hongcheon-gun J land and secure funds as a collateral to fully repay the security deposit, supply price, and construction cost to the victims. However, since the new construction of the above building was merely a failure to secure funds by leaving G from the right of ownership after the new construction of the building, the defendant was deemed to have had the ability to repay at the time of conclusion of each contract as stated in the facts charged of this case, but the court below found the defendant guilty of each of the
B. The sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. (1) Around October 2006, the Defendant, related to the construction of a new house for two-dimensional electric source, started a new construction work of seven households on the ground of Gyeonggi-gun AY, and completed the construction work on May 1, 2007, and completed the completion inspection.
However, the Defendant had failed to pay the purchase price in full as the purchase price was 2.1 billion won, and the Defendant had borne KRW 675 million, and KRW 260 million, and KRW 200 million, for the construction business operator G who constructed 5 households of two-year houses of two-year houses, for the remainder of two households of two houses of two, the Defendant was liable for the construction price of KRW 300 million.
On May 2007, the Defendant obtained a loan of approximately KRW 2.3 billion from Gyeyang Agricultural Co., Ltd. as security, and paid KRW 2.1 billion out of which the Defendant paid the purchase price for land, and repaid part of the remainder of the construction price for electric power resource.
(B) On May 31, 2007, approximately KRW 90 million out of the money amount was paid to the victim Y on May 31, 2007. (2) On September 2006, the Defendant related to the Pelel is the Hongcheon-gun.