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(영문) 서울중앙지방법원 2013.04.19 2012노3686

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant thought that the sale by general public would be achieved as soon as the event and the sale by sale by sale by sale by sale by sale by sale by sale by sale by sale by sale by sale was known to the seller by sale by sale by sale by sale by sale by sale by sale by sale by sale by sale by sale by sale by sale by sale by sale by sale,

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles as to criminal intent by deception.

B. Even if the facts charged in the instant case of unfair sentencing are found guilty, the sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake or misapprehension of legal principles, the following circumstances are acknowledged according to the evidence duly adopted and examined by the lower court and the first instance court. A) G Co., Ltd. (hereinafter “G”) had internal conflicts surrounding the power of representation from around 2008, and since April 13, 2009, K Co., Ltd. (hereinafter “G”) was appointed as a joint representative director.

B) 162 households approved for the conversion of the fourth priority of the D building (one to fourth generation of the total 998 households), 456 households approved for the sale in lots.

Of them, 80 households were unable to receive ownership transfer due to T’s refusal to affix seals on January 25, 2010, F entered into a contract with the Defendant on March 26, 2010 on the following grounds: (a) on the date of the instant sales contract, 80 households and the households expected to apply for the approval of the 5th preferential conversion filed a civil petition demanding prompt sale to both viewing and viewing; (b) on March 26, 2010, the date of the instant sales contract, the 112 units and 702 units of D buildings and 1201 units of the same (hereinafter “instant apartment”). However, at the time of the instant sales contract, the 4th priority sale of D buildings was in progress, and thus, the 4th priority sale of D buildings was in progress.