Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for one year.

except that this judgment.

A. The misunderstanding of facts and legal principles (Defendant A) did not commit deception to the victim H, and there was no intention to obtain fraud.

B. Improper sentencing (the Defendants) sentence is too heavy.

2. Determination

A. In full view of the following circumstances revealed by the evidence investigated by the lower court regarding the assertion of misunderstanding of facts and misapprehension of the legal doctrine, it is recognized that Defendant A committed deception to the victim and had the intent to defraud the victim.

(1) The intention that a joint principal offender intends to jointly participate in a crime means to move his/her own intention by using another person's act in order to engage in a specific criminal act.

In light of the following circumstances, Defendant A seems to have shared the act of committing the crime of fraud with the intent of conspiracy with Defendant B.

Defendant

A on November 23, 2012, 2012, G Co., Ltd. (hereinafter referred to as "G") with the Seocho-gu Seoul Metropolitan Government Ftel 1206

Defendant

At the same time, the victim directly holds the shares of the land in the case of B.

Other owners of shares have already filed a removal lawsuit and have already received the judgment.

The judgment is received after S, and it is demanded to pay too much money in return.

Therefore, a separate removal suit is filed.

“To the effect that it was “...........”

In addition, the victim's above words and the defendant B's explanation that the owner of the share in the land subject to removal directly go to the court's decision may commence the construction immediately after the decision is made within 60 days since the removal lawsuit filed by the defendant A has already been completed in favor of the court.

“To the effect that it was “...........”

I believe that the construction may begin within 60 days of the commitment.

Defendant

A The same day between G and the victim, Seocho-gu Seoul Metropolitan Government I 1,412 square meters and J 470.8 square meters (hereinafter collectively referred to as "the instant land"), respectively.