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(영문) 서울중앙지방법원 2020.11.06 2020노1059

사기

Text

Of the acquitted portion of the lower judgment, the charges of fraud and the guilty portion shall be reversed on or around May 2010 in the case of 2017 Godan9090.

Reasons

Summary of Grounds for Appeal

A. Defendant 1) Of the lower court’s case 2017 Godan9090, the Defendant was unaware of the victim E and did not have the intention of defraudation. The Defendant did not deceive the victim E and did not have the intention of fraudulentation.

On October 26, 2008, the Defendant, who represented L, did not want to sell the above land even before the judgment became final and conclusive while the CO was winning in the lawsuit on the land of U and K land, and visited T Law Firm with X on October 26, 2008. Accordingly, the attorney C, on October 28, 2008, at the time of entering into a sales contract on the land of Q with Q on behalf of Q, was aware that L winning in the lawsuit on the land of K at the time of entering into the sales contract with the victim.

After the defendant received 60 million won, all of the victims and victims were settled.

B. Of the lower judgment 2017Kadan9090 cases, the Defendant was guilty of fraud around July 2010 and around August 2010, 2010, and there was no deception by the victim E, and there was no intention to defraudation.

A and P presumed to be the heir of the O land were delegated by the T law firm in which the defendant worked at the time.

However, C lawyer has already been admitted to represent AA, and applied for an independent party through AC lawyer who is a part of the university after the university.

The AA and P are both the grandchildren of the net Z, and P was revealed to be the actual heir in the trial process.

However, in the above lawsuit, the plaintiff did not have an opportunity to expand the claim of the O land in the process.

In the case of a lawsuit to find the land as a result of a large number of lawsuits, it is necessary to specify part of the land to be found as the stamp burden, etc., and first file a lawsuit, and if the court of first instance won it, it is also necessary to use the method of adding the remaining land.

In the civil law, the defendant is recognized to trade another person's right, and the victim does not speak that the land was one's own, and it is an object in the lawsuit.

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