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(영문) 서울중앙지방법원 2015.01.09 2014노2915
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants, at the time of entering into each of the instant contracts, had the intent and ability to complete the registration of ownership transfer of each of the instant lands to the victim H, but there was only awareness that the time may be delayed due to many circumstances, so there was no negligence in relation to each of the instant fraud.

B. The sentencing of the first instance court on the Defendants of unfair sentencing (the sentencing of the Defendants A: one and half years of imprisonment, two years of suspended sentence, one year of imprisonment, one year of suspended sentence, two years of suspended sentence) is too unreasonable.

2. Determination

A. Based on the evidence duly adopted and investigated by the first instance court on the assertion of mistake of facts or misapprehension of legal principles, the facts alleged in detail are ① KRW 2.5 million in total to the Defendants, if the Defendants were to have been transferred the ownership of each of the instant land through a complaint for about four years, or to have no choice but to realize other contractual claims, and even if the Defendants were to have been fully aware of such circumstances, the purchase and sale funds of approximately KRW 2.5 million in total were not paid to the Defendants, and the Defendants were to have been obtained from the victims of the instant land before the judgment of the first instance was rendered; ② the ownership transfer registration was not made until the judgment of the first instance court is rendered; ③ the relationship between the Defendants and the victims at the time of each of the instant contract, the developments leading up to the delay, and the content of the contract, etc.

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