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(영문) 광주지방법원 2016.06.28 2016노302

사기

Text

The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendants entered into a normal sales contract with the victim and did not merely delay the implementation of the contract, but did not deceiving the victim.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in fact.

B. Even if the sentencing is not unfair, the sentence of the lower court (two years of suspended sentence in one year of imprisonment, three hundred hours of community service, and two years of imprisonment in case of Defendant C) is too unreasonable.

2. The summary of the facts charged in the instant case is the actual representative of H Group Co., Ltd. (hereinafter “H”). Defendant A was in charge of duties related to the construction sector as a director, and Defendant B was in charge of real estate purchase as a director.

Defendant

C around March 2013, around July 2012, Defendant A was promoted to purchase the instant land from Defendant A, and the victim of the instant land in J, AI, and K (hereinafter “instant land”) wanted to dispose of the land owned by the victim, and ordered Defendant A to re-purchase the instant land, and to seek a creditor to lend the bonds as collateral.

Therefore, on May 2013, 2013, Defendant A established a collateral security (hereinafter “P”) equivalent to KRW 450 million on the land of this case, instead of purchasing KRW 1.35 million from H to the Plaintiff’s agent, Defendant A paid KRW 120 million for the right to collateral security (hereinafter “P”) at the time of establishment of the right to collateral security and the right to collateral security (hereinafter “P”), and the intermediate payment is paid KRW 50 million by succeeding to the secured debt equivalent to KRW 50 million on the land of this case, and KRW 730,000,000,000,000,000,000,000,000 won, which is the victim’s debt, from H to the land of this case.