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(영문) 청주지방법원 2018.04.26 2017노1182
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) As to the fraud against the victim C, the defendant was transferred from the victim C as "land in dispute of this case" in the aggregate of the land in the case of permanent residence of I,Y, E, AA, AZ, BA, and B B (hereinafter above 7 parcels of land, and among them, the above E land is "land in this case") and the owner of F Loans A and B, which were newly constructed on the ground, and the defendant agreed to take over the debt to the victim C and complete the remaining construction. However, the defendant did not take the debt acquisition procedure on the wind that was entered in a provisional disposition on the land in dispute of this case by K, which is the contractor of the new loan construction, and not by deceiving the victim C.

B) Even though the Defendant paid the instant land and FB building KRW 19 million to the Defendant, he did not receive the payment of the construction cost from the victim C, and since the right to collateral security was established on the instant land, the amount equivalent to the above construction cost and the amount equivalent to the secured debt of the said right to collateral security should be deducted from the amount obtained by deception.

2) On January 22, 2014, the Defendant received KRW 14.8 million from AG as the down payment for the self-owned real estate sales contract on January 22, 2014, and did not defraud the victim N by deceiving the property.

B) Even if the Defendant received KRW 14.8 million from the victim N, it is merely that the Defendant received the victim N’s office as the subject of construction cost, and thus, there was no fact that the Defendant acquired the victim’s N’s property by deception.

C) The Defendant shall comply with the agreement described in Section C (A) with the Defendant.

Since a contract for the purchase and sale of real estate with a victim N on January 22, 2014 was concluded, the victim N was deceiving.

subsection (b) of this section.

B. The judgment of the court below against the defendant who was unjustly sentenced to sentencing (the defendant).

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