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(영문) 대전지방법원 2020.01.16 2019노690

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of facts and misapprehension of legal principles as to the nominal fraud: ① The crime in this part is committed by Co-defendant B of the first instance trial (hereinafter “B”).

(2) Each of the real estate of this case is each of the real estate of this case: “The instant land and its ground buildings, Seosan-si I, J’s “K Stude L”, and Mdong buildings, all of which are the instant land and its ground buildings, and the instant land and its ground buildings at the time Seosan-si.”

2) On the ground that the registration of provisional disposition was completed, there was no deception. 2) As to the fact of fraud in the name of the construction cost, this part of the crime is only a single crime under B, and the Defendant did not agree with B.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant asserted the same purport as the statement in the grounds for appeal in this part, and the lower court rejected the Defendant’s above assertion and found the Defendant guilty of all the charges of this case as to the Defendant.

The lower court and the lower court stated to the effect that the following facts or circumstances acknowledged by the evidence duly admitted and investigated by the lower court were met, namely, ① the statement of the victim’s investigative agency is consistent with each of the facts charged in the instant case, and the victim was also entitled to purchase each of the instant real estate from all the Defendant and B at the court of the lower court on June 7, 2016, without being issued a complete certificate of the registered matters of each of the instant real estate at the time. However, the victim explained to the effect that “I would not purchase each of the instant real estate if I would have known of the completion of provisional disposition or provisional registration of the establishment of the mortgage on each of the instant real estate, and would not purchase it if I would have known of the completion of the provisional disposition or provisional registration of the establishment of the mortgage on August 19, 2016.”