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(영문) 인천지방법원 2013.03.22 2012노3695

사기

Text

The judgment below

The part on the crime of the case No. 2012 Highest 8313 is reversed.

The defendant shall be held.

Reasons

1. Summary of grounds for appeal;

A. Since a mistake of facts about 2012 Godan1836 did not receive money from the victim in order to acquire money from the victim from the beginning without the intention or ability to sell the commercial building in order to acquire money from the victim, but the implementation of the apartment project was not anticipated and the damage was caused, the court below found the defendant guilty of this part of the facts charged and found the defendant guilty of this part of the facts charged.

B. The Defendant had different knowledge of the forgery of the loan commitment in the judgment of the court below as to the 2012 Godan2083, and delivered 15 million won out of 30 million won, which was dryed from the victim upon the victim’s request by G and H, and the Defendant used 2 million won as activity expenses. Nevertheless, the lower court erred by misapprehending the fact that the Defendant intentionally participated in the deception and thereby convicted the Defendant of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

C. The sentence imposed by the lower court on the Defendant of unreasonable sentencing (the crime of 2012 Highest 1836: imprisonment with prison labor for one year, and the crime of 2012 Highest 2083: imprisonment for two months, and the crime of 2012 Highest 8318: fine for negligence: KRW 7,00,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, determination of the misunderstanding of facts as to 2012 high group 1836, the following facts can be acknowledged. A) S Co., Ltd. (hereinafter “S”) concluded a contract to purchase KRW 16,49 square meters in total, including D,Y, Z, AB, AC, AE, AE, AF, AF, AH, AH, AI, AJ materials, forest land, etc. (hereinafter “instant land”), and paid KRW 340,000,000,000,000 won out of the purchase price to RR et al.

B. S shall approve the rental apartment business on the above sales contract and its ground.