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(영문) 서울동부지방법원 2017.10.20 2017노881
사기
Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal 1) The victims of the mistake (as to each fraud against the Defendants), did not conclude the above sales contract with the expectation that it would not be discovered in the process of examining a false application for compensation filed against EP with EP, knowing that the purchase of the plastic houses or double-wing facilities in the Yongsan Urban Development Project District would have been able to purchase the plastic houses or double-wing facilities, and that they would have been able to purchase the land for livelihood countermeasures.

Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendants of this part of the facts charged.

2) In light of the various sentencing conditions in the instant case, the sentence of the sentence sentenced by the lower court against Defendant B (one year of imprisonment with prison labor for eight months and one year of suspended execution) is too uneasible and unfair.

B. 1) In light of the circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court as follows, the measures that found the Defendants not guilty of the charge of fraud based on the determination of evidence as indicated in the judgment below are just and acceptable, and there was no submission of new evidence corresponding to the facts charged in the instant case in the first instance trial. As such, the lower court erred by misapprehending the facts as pointed out by the prosecutor, thereby adversely affecting the conclusion of the judgment.

It does not seem that it does not appear.

Therefore, prosecutor's assertion of mistake is without merit.

A) The victim I would like to receive compensation for losses from SP, which is a plastic house or a double-wing facility purchaser, from SP, in the course of receiving compensation for losses from the said purchaser, as if the said purchaser had been engaged in the double-wing business, etc. in the business district since before February 26, 2007, the date of the compensation criteria.

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