사기미수
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Summary of grounds for appeal;
A. The Defendant (Definite or misunderstanding of legal principles) received KRW 7 million for a separate reason from the Director D, the Director D, and the Chairman F, who is not the representative of the occupants of the instant case, who is the debtor under the instant notarial deed. The Resident Representative Council of this case still bears the obligation under the instant notarial deed, and accordingly, filed a lawsuit for the purpose of seeking the performance of such obligation cannot be deemed as a notarial deed fraud.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.
B. The prosecutor (e.g., a fine of KRW 10 million) of the lower court is deemed to be too unhued and unfair.
2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles
A. On April 22, 2013, the Defendant: (a) was the Dong Dong-dong representative of the apartment building C, Kimhae-si, and (b) proposed that he would conduct the first work in order to measure the area ratio necessary for the first work related to the landscaping of the above apartment; and (c) performed the first work in the apartment complex from the end of April 2013 to the end of September 2013 without any particular contractual relationship; and (d) thereafter, (c) filed a claim for wages with the victim B occupants’ representatives on the ground of the first work.
However, the above tenant representative council rejected that there is no basis to pay the amount requested by the defendant in the management expenses because the defendant was the representative of the Dong and the resident of the apartment.
Accordingly, on November 3, 2014, the Defendant filed a lawsuit against the said occupant representative meeting to pay 18 million won for the said first work (2014Gau29460), and subsequently, on December 18, 2014, the Defendant received the amount of KRW D and 7 million for the apartment management office and settled all civil and criminal disputes, such as the said civil litigation.