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(영문) 서울서부지방법원 2016.06.16 2016노62
사기등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for one year.

, however, the defendant.

Reasons

1. Determination on Defendant A’s grounds for appeal

A. A summary of the grounds for appeal by Defendant A 1) In relation to the fraud against the victim K among the facts constituting the crime of the judgment of the court below, Defendant A is in the status of having completed the investment and actually concluded the contract.

In the absence of the phrase “the fact that it is not possible to conclude a contract for the entrusted operation of the Seongdong Golf Course,” and there is a circumstance that the victim K may not conclude the above operating right contract, such as the agreement to return KRW 35 million to the victim K by December 31, 2012. As such, Defendant A did not have the intention to commit fraud.

B) As to the fraud against the victim L among the facts constituting the crime of the judgment of the court below, there is no deception against the victim L, such as that the defendant A did not have any awareness about the victim L, and that there was no delivery of the investment money paid by L or any acquisition of profits therefrom.

C) With respect to each fraud against the victim'sO and T among the facts constituting the crime of the judgment of the court below, the defendant A faithfully performed reverse tendering services necessary for the above victims under a consulting contract concluded with the victim'sO and T, but as a result, the above victims' bid price was not complied with and thus, the defendant A did not have the intent to commit fraud.

2) The lower court’s improper assertion of sentencing is so unfair that it is too unreasonable that the sentence sentenced to Defendant A (4 years of imprisonment) was sentenced by the lower court.

B. In full view of the following circumstances acknowledged based on the evidence duly adopted and investigated by the court of the lower court’s fraudulent judgment against Defendant A’s assertion of mistake of facts, Defendant A can be fully acknowledged that Defendant A conspired with Defendant F, a co-offender of the lower court, and obtained money from the victim K as stated in the facts constituting the crime in the lower judgment.

0 Victim K is an investigative agency and the court of the court below, and Defendant A and F are themselves.

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