사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
In the course of trading Seongdong-gu Seoul Metropolitan Government Etel F (hereinafter “instant officetel”), the Defendant thought that the victim and the victim’s licensed real estate agent knew of the payment of the site usage fee, and did not notify the victim of the fact that the said content is not an important part of the sales contract. Thus, the Defendant did not have the intent to acquire the land by deception.
Since the Defendant disposed of the instant officetel at a price lower than the market price, there was no loss to the victim.
The sentence of unfair sentencing (one year of imprisonment with labor for six months and one year of suspended execution) of the lower court is too unreasonable.
The defendant asserts that there was no intention to acquire the mistake of facts in the judgment of the court below, and the court below rejected the above argument in detail by explaining the decision in detail. In light of the evidence duly adopted and investigated by the court below, the judgment of the court below is legitimate, and therefore, the defendant's assertion of mistake of facts in this part is without merit.
In a crime of fraud, the content of which is the taking-off of the part of the claim that the damage did not occur, if there is a delivery of property due to deception, it itself constitutes a violation of the victim's property, thereby constituting a crime of fraud.
shall not cause any damage to the entire property of the victim.
Even if the crime of fraud does not affect the establishment of the crime of fraud, even if the price has been partially paid, the acquired amount shall not be the difference between the value of the property given from the victim and the value of the property received.
(see, e.g., Supreme Court Decision 95Do203, Mar. 24, 1995). He returned to the instant case and health unit, and the Defendant, by deceiving the victim by means of not notifying the victim of the payment of site usage fees.