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(영문) 부산지방법원 2014.07.10 2013노2489

사기

Text

The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. In the event that the misunderstanding of the fact-finding defendant 2,491m2 and the purchase price of the D factory site 2,491m2 and the above ground factory building (E) purchased from C is KRW 700,000,000,000,000,000 won, and the defendant paid the full amount of the loans actually deposited to the defendant's account at the Busan Bank 20,000,000,000 won to C, and the defendant did not acquire the ownership of the above real estate, and in the case of KRW 35,9238,660 in the name of the loan and the registration expenses to be paid by the Korea Technology Credit Guarantee Fund, all the matters concerning the loan and the registration of transfer have been dealt exclusively with by the J which actually mediated the sale and purchase. Thus, the defendant did not have any criminal intent of deceiving the victim

In addition, the defendant's KRW 15 million delivered on August 3, 2007 from C and the same year.

8. In the case of KRW 10 million delivered on October 29, 2007, the Defendant did not receive the said funds in the case of KRW 20 million, where the complainant claimed that he/she provided additional support on October 29, 2007.

Nevertheless, the lower court erred by misapprehending the fact that fraud was established as to the whole facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Summary of the facts charged in this case

A. On August 3, 2007, the Defendant entered into an oral contract with the Busan Bank located in Busan Metropolitan City, Busan Metropolitan City, Daegu Metropolitan City, to purchase the building for the land D 20,491 square meters and E factory (hereinafter “instant land and factory building”) at the cost of KRW 1,050,000,000,000,000,000 won, and the instant land and the instant land at the Busan Bank.