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(영문) 인천지방법원 2019.06.21 2019노186

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the fraud of the victim B and G, the Defendant did not mislead the victims because he was delegated by N to sell and purchase soil and trees through N, and thus, he did not deceiving the victims.

B) As to the fraud against the victim M, the Defendant entered into a sales contract with the victim upon the request of AH (name: P). The Defendant considered that AH has a right to sell and received down payment and delivered it to AH. Therefore, there was no fact of deceiving the victim. 2) The sentence imposed by the lower court on the Defendant (one month of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (six months of imprisonment) sentenced by the lower court against the Defendant is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court’s judgment as to the fraud against the victim B and G: (a) alleged that the lower court duly adopted and investigated the following circumstances acknowledged by the evidence; (b) the Defendant concluded a sales contract to purchase earth and sand on the 55 parcel of land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the actual representative of the O company; (c) on the date indicated in the sales contract, K was unaware of N; and (d) testified for the above sales contract; (b) the Defendant asserted that he first paid N the purchase price of the said contract to N with the money received from the victims; and (c) the Defendant concluded a sales contract with O Co., Ltd. on the grounds that there was no authority to recognize that the O Co., Ltd. had the authority to sell soil and sand on the said land.