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(영문) 서울북부지방법원 2016.06.30 2016노333
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case, KRW 60 million is a letter of apology.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant received KRW 26,182,00,000 from the victim of the instant forest land in Gyeonggi-gu, Gyeonggi-do (hereinafter “instant forest”) out of KRW 100,00,000, and completed the registration of ownership transfer for 1/10 of the instant forest land corresponding thereto, and thereafter received from the victim of the instant forest land KRW 40,000,000,000 from the victim of the instant forest as indicated in the lower judgment.

In the process, the injured party wanted to use the land as a place where he can move his house, not as forest land, and as a result, the Defendant entered into an exchange agreement between the injured party, instead of 3,000 square meters of the forest land of this case, 200 square meters (25 square meters, 510.925 square meters, hereinafter “the land of this case”) prior to the J of Gyeonggi-gu, Gyeonggi-do, and in total, 300,000 square meters (hereinafter “the land of this case”). According to the exchange agreement, on November 30, 2010, 200 square meters of the land of this case and 200 square meters of the land of this case, there was no fact of deceiving the injured party as the injured party had completed the registration of ownership transfer in the future of the injured party.

(2) The Defendant of Paragraph (2) of the crime of the lower judgment as indicated in the lower judgment is seeking to find the victim to purchase No. 101 of the Yangcheon-gu Seoul Metropolitan Government V Ground No. 101 (hereinafter “V housing”).

the defendant would directly purchase the goods, and the defendant would directly purchase the goods.

There was no fact that the victim agreed to use the sale price of the above house to the construction cost of the house to be newly constructed on the ground of the land of this case, and then, according to the agreement, it did not induce the victim as it used the sale price of the above house as the new construction cost.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On June 20, 2008, the summary of the charge No. 1 (1) of this part of the facts charged as indicated in the judgment of the court below, the defendant is the victim C at the events within the Ghee University Hospital in Dongdaemun-gu Seoul, Dongdaemun-gu around June 2008.

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