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(영문) 광주지방법원 2019.01.24 2018노2762

사기미수등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant is E Co., Ltd. (hereinafter “E”) (hereinafter “E”).

EFF Co., Ltd. (hereinafter referred to as “F”) in the manner of collecting investment money after entering into a partnership agreement with the instant real estate to build an apartment building and investing therein.

2) The Defendant acquired the remainder of the sales claim amounting to KRW 1.65 billion with respect to the Plaintiff. The Defendant again acquired the remainder of the sales claim to G Co., Ltd. (hereinafter “G”) for investment purposes.

(2) Since the transfer was made to J and applied for dividend in the auction of the real estate of this case based on the above claim, it cannot be deemed that G attempted to deceive and defraud the court. (2) The transfer of the balance claim to J is null and void as a false declaration of conspiracy.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment, two months of imprisonment) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below, such as the statement at Q Q’s investigation agency and court court, which had practically operated the judgment G on the assertion of mistake of facts and misapprehension of legal principles, etc. < Amended by Presidential Decree No. 20140, Jun. 3, 2008; Presidential Decree No. 20145, Dec. 28, 2007; Presidential Decree No. 20148, Dec. 28, 2007; Presidential Decree No. 20135, Feb. 23, 2008; Presidential Decree No. 20135, Feb. 1, 2008; Presidential Decree No. 20219, Feb. 23, 2008; Presidential Decree No. 20220, Feb. 19, 2005>