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(영문) 춘천지방법원 2014.09.24 2013노919

사기

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The erroneous defendant was not delegated the F with the authority to conclude the instant sales contract.

Even if the victim E was aware of such fact, since the victim E purchased the land, it cannot be deemed that the defendant deceivings the victim, and the defendant was actually able to transfer the ownership of the land to the victim, so there was no intention to

B. The sentence of unfair sentencing (two years of suspension of execution in six months of imprisonment, probation, and community service order of 40 hours) by the lower court is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is a person who has run an office of licensed real estate agents under the trade name of "C Licensed Real Estate Agents".

Around September 21, 2009, the Defendant entered into a sales contract with the victim E to the effect that, at the office of the above licensed real estate agent in Hongcheon-gun, Gangwon-do, the Defendant was delegated to sell and purchase the said F’s land in Hongcheon-gun, Hongcheon-gun, by means of a false statement that “If the Defendant purchased the land corresponding to six drawings out of the divided drawings of the said land, he would complete the registration of ownership transfer after dividing the said land, he would complete the registration of ownership transfer after dividing the said land,” and then, the Defendant determined the purchase price of KRW 84,00,000 as the down payment amount of KRW 15,00,000 on the date of the contract, which was paid the remainder of KRW 69,00,000 on October 30, 2009 to receive the said land from the victim at the time of completion

However, in fact, if the defendant paid KRW 200,00,000 to the above F by August 30, 2009, the defendant developed the above land. However, the above F did not pay KRW 200,000,000 to the above F within the above period, and it did not have been delegated the trading authority by the above F because it was concluded with the above F under the presence of the above F. Thus, even if the purchase price was paid by the victim, the victim did not have any intent or ability to complete the registration of ownership transfer for the above land.

The defendant.