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(영문) 부산지방법원 2018.02.01 2017노3120
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. In full view of the fact-misunderstanding [as to the part not guilty (2015 senior group 6300 and senior group 6354 of senior group 6354 of senior group 2015] P, the situation at the time of concluding a contract with each statement of the victim T, the details of the use of money paid by the victims, etc., the Defendant may fully recognize the fact that the victims by deceiving the victims through P as to this part of the facts charged.

Nevertheless, since the court below rendered a not guilty verdict on this part of the facts charged, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (one million won in penalty) is too uneased and unfair.

2. Determination

A. As part of the project to improve the urban environment in Busan Metropolitan City, the Defendant, as a part of the project to improve the urban environment in Busan Metropolitan City, had been aware of the urban planning (hereinafter “instant improvement project”) that newly constructs a major complex building on L et al. on a total M (hereinafter “instant improvement project”) and had the right to remove the construction site and the right to operate the cafeteria at the construction site, thereby deceiving money.

The Defendant, on January 11, 2014, at the office of the P Co., Ltd. (hereinafter “O”) operated by the Defendant on the seventh floor of the Nbuilding in Busan Dong-gu, Busan (hereinafter “O”) around the 7th floor of the Defendant, “The victim T and Q agreed that the Plaintiff would be responsible for the removal and new urban planning as part of the instant improvement project, and our company would be responsible for the redevelopment project according to the M redevelopment project.” The victim T will subcontract the removal work with the construction cost of KRW 1 billion on the face of the week.

From April 1, 2014, the removal works will begin.

‘Falsely speaking,’ and ‘The victim Q shall be entitled to operate a restaurant if it is paid in advance the performance bond of KRW 30 million to the victim Q.

“The phrase “ was false.”

However, there is no intention or ability to subcontract the removal construction right to the victims or to grant the on-site restaurant operation right because the defendant and theO obtained any authority on the instant improvement project.

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