beta
(영문) 전주지방법원 2013.12.06 2013노861

사기

Text

1. The judgment below is reversed.

2. Defendant A and B shall be punished by imprisonment for eight months, and by imprisonment for six months, respectively.

Reasons

1. Summary of grounds for appeal;

A. In addition, the Defendant did not know of the actual purchase price of 1,345 square meters of K Forest in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land”) and did not take part in the instant crime.

In addition, the loan of this case is decided by the victim Dong-gun Saemaeul Community Fund (hereinafter “victim”) to freely exercise its authority to examine the loan of this case. In particular, since the sales contract and the certificate of market price submitted by the defendant are submitted to the victim’s depository after the loan of this case was executed, it is irrelevant to the execution of the loan of this case, there is no causal relationship between the

Nevertheless, the court below accepted the facts charged in this case and convicted the defendant. The court below erred by misapprehending the legal principles as to causation of fraud or by misapprehending the legal principles as to causation of fraud, which affected the conclusion of the judgment.

B. The sentence of unfair sentencing (the defendants A, B, and C) sentenced by the court below to the defendants (the imprisonment of one year for each of the defendants, and eight months for each of the defendants D) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor added "Article 35 of the Criminal Act" to the applicable provisions of the law to Defendant C at the trial in the case of the party, and all of the facts charged as follows: "The defendant C was sentenced on October 1, 2008 to four months in imprisonment for fraud in the Daejeon District Court Hongsung Branch Branch of Daejeon District Court on February 2, 2009 and completed the execution of the sentence in the Daejeon Prison on February 2, 2009." In the third part of the charges against the defendants, "the defendant B was about KRW 40 million in the actual market price of the above forest and field on May 18, 201, as if the actual market price of the above forest and field was about KRW 420,000,000,000 from KRW 420,000,000,0000 in the name of a licensed real estate agent, and at the same time, submitted the above forest and field sales price to the employee in charge.

참조조문