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(영문) 수원지방법원 2017.09.07 2017노3294

사기등

Text

All appeals by the defendant against the judgment of the court below Nos. 1 and 2 are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the judgment of the first instance court, the Defendant, by misapprehending the legal principles, did not commit the crime of fraud, such as forgery of a letter of intent to sell real estate, or in collusion with B, and the Defendant was also subject to deception from R and B, and there was no intent to commit the crime of defraudation due to sufficient means of payment such as providing his own property as security to the victim.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous by misunderstanding the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence of the lower court (one hundred months of imprisonment) which is unfair in sentencing is too unreasonable.

B. As to the judgment of the court below of the second instance (unfair sentencing), the sentence of the court below (6 months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below against the defendant in the judgment of consolidation was rendered and the defendant filed an appeal against the judgment of the court below, and this court decided to hold two appeals jointly. However, the crime of the judgment of the court of first instance in the judgment of the court of first instance in the relation of a violation of the Punishment of Violences, etc. Act (an act of violence, such as a group or deadly weapon), which became final and conclusive on December 28, 201, and the crime of the resolution of the judgment of the court of second instance in the relation of a concurrent crime in the latter part of Article 37 of the Criminal Act, must be sentenced separately to the crime of the judgment of the court of first instance and the crime of the judgment of the court of second instance in

B. Determination 1 on the judgment of the court below of first instance is based on the following facts based on the evidence duly adopted and examined by the court below and the court below.

① On November 19, 2007, P Agricultural Partnership (Representative AD) and H (Representative AE) of an incorporated association made and sent to G (Representative Director AF) a letter of intent to purchase real estate purchase stating the intent to purchase AG and AH land of 15 billion won in Incheon Jung-gu, and G (State) has an intention to sell each of the above land in 15 billion won on December 7, 2007.