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(영문) 서울중앙지방법원 2017.08.18 2017노2164

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant clearly notified the victim C, D, E, F, and M of the facts and misapprehension of the legal doctrine (the victim C, D, E, F, and M) that the removal judgment of the instant building was pronounced. In this regard, the content related to the contract, etc. written between the victims and the victims was clearly stated. As such, the Defendant enticed the victims.

No person may see significantly.

B. The sentence of first deliberation on sentencing (one year and two months of imprisonment and one million won of fine) is too unreasonable.

2. Determination:

A. (i) In regard to the assertion of mistake of facts, deception as a requirement for fraud means any affirmative or passive act that has the duty of trust and good faith, which is widely observed in the transactional relationship with property, and deception by omission refers to the passive act that a person subject to duty of disclosure under the law does not inform the other party of a certain fact with the knowledge that the other party was absent from mistake. In light of the empirical rule of general transaction, if it is evident that the other party would not have been aware of the fact, then the other party would have been aware of the fact, it is legally obligated to notify the fact in light of the good faith principle (see Supreme Court Decision 98Do3263, Dec. 8, 1998) and the evidence duly admitted by the first instance court, according to the evidence duly examined by the first instance court, ① the defendant's mother from January 22, 191 to March 3, 191 (hereinafter referred to as "site of this case").

However, on March 26, 2007, J, the owner of the instant building, filed a lawsuit against the co-owners of the instant building, such as G, on the ground that it completed the registration of disposal of the gold paper in the instant building by claiming for the exclusion of interference with the ownership of the land on or around March 26, 2007, and that “the commercial district subject to suspension of business after October 20, 2007 has ceased to exist.”