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(영문) 대구고등법원 2014.02.06 2013노421
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to misunderstanding of facts and misunderstanding of legal principles (i) related to 2013Dahap56(2) as stated in the judgment below, the Defendant sufficiently explained to the victim F that “it is possible that the victim F may not be ordered to remove the Nam-gu M& (hereinafter “M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-

② Even if it is not so, as the Defendant received KRW 200 million from the Victim F on November 10, 201, from the Victim F, the Defendant is demanded from the Victim F and thus, the Defendant cannot be held liable for fraud at least with respect to the said KRW 200 million.

The Defendant, as indicated in the judgment below, received KRW 100,00,000 from the victim Q Q to receive KRW 30,000 as an advance for the supply of scrap metal from the P Uniform construction site in Ansan-si, and actually supplied KRW 30,000,00,000. However, the Defendant did not normally perform a contract for the supply of scrap metal to Q Q Q due to changes in circumstances such as the discontinuance of the scrap metal construction and the non-performance of the obligation to pay the balance. However, the Defendant did not intend to defraud the victim Q from the beginning to acquire the said KRW 100,000 by deceiving

Nevertheless, the lower court’s judgment that found all of the charges guilty is erroneous by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (four years of imprisonment) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court, the Defendant, as indicated in the lower judgment, deceiving the victim F in relation to MM as to MM as stated in Article 2013Dahap56(2) of the lower judgment.

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