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(영문) 인천지방법원 2015.03.20 2014노4704

사기

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, three years of suspended execution, and 120 hours of community service) against the Defendant B on the convicted portion is too unhued and unreasonable.

B. In the judgment of the non-guilty portion, 2,671 square meters of PP forest 2,671 square meters (hereinafter “the instant land”) are designated as a military installation protection area. Accordingly, the consent of the military unit should be obtained in the event of development activities. Defendant A and B did not notify R of the instant land that there had already been consent from the military unit twice. Defendant C and D did not confirm the aforementioned fact as a licensed real estate agent and did not notify R, thereby undermining the client’s decision on important matters in the transaction of the object of brokerage. Thus, Defendant A and B’s act constitutes fraud, Defendant C and D’s act constitutes a violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, but the lower court erred by misapprehending the legal principles, or by misapprehending the legal principles.

2. Each of the instant crimes committed by the public prosecutor on the assertion of unfair sentencing is disadvantageous to Defendant B, from November 2009 to April 201, 201, by deceiving the victim on seven occasions, and by deceiving the victim on seven occasions. In light of the background, means, and frequency of the crime, the nature of the crime is bad, and the damage amount also exceeds KRW 387 million.

However, in full view of the favorable circumstances, including the fact that Defendant B led to the confession and reflect of each of the crimes in this case, part of the amount of damage was recovered, and each of the crimes in this case was committed on December 14, 2012 by Defendant B, who was sentenced to a suspended sentence of one year on April 14, 2012 and sentenced to a suspended sentence of one year on December 22, 2012, with regard to the concurrent crimes under the latter part of Article 37 of the Criminal Act and the concurrent crimes under the latter part of Article 39(1) of the Criminal Act, the court below’s punishment against the Defendant.