(영문) 수원지방법원 2018.12.07 2018노5940 | 리걸엔진

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(영문) 수원지방법원 2018.12.07 2018노5940

사기등

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The judgment of the court below is reversed.

The accused shall announce the summary of the judgment of innocence.

Reasons

1. Summary of the grounds for appeal 1) The lower court found the Defendant guilty of all the charges of this case on the following grounds.

① The Defendant, in substance, transferred the lease deposit of G for the lessee of the Dobong-gu Seoul Metropolitan Government E Building F (hereinafter “instant real estate”) to the seller I and the broker L, who was in fact the seller I and the broker.

Therefore, the defendant did not make a false statement about the amount of the lease deposit of the tenant to the victim D, and did not have any intention to commit fraud.

② The Defendant delivered the victim’s seal to I, and only delivered the lease contract between the victim and the tenant prepared by I to H, and there was no forgery and use of the lease contract.

2) The sentence of the lower court (one hundred months of imprisonment) which is unfair in sentencing is too unreasonable.

2. On November 23, 2012, the Defendant was sentenced to seven months of imprisonment by the Incheon District Court for a violation of the Illegal Check Control Act, and the execution of the sentence was terminated on December 4, 2012. On December 16, 2015, the Incheon District Court sentenced two years of imprisonment for fraud, etc., and the said judgment became final and conclusive on May 12, 2016.

1) On April 18, 2014, the Defendant sold the instant real estate in KRW 215 million to the victim D at the Certified Judicial Scriveners Office in Bupyeong-gu, Seocheon-gu, Seoul, Seoul, and said that the lease deposit of the tenants G residing in the instant real estate was KRW 30 million.

In addition, between the victim and the victim, the above lease deposit obligation of KRW 30 million, and KRW 30 million for the collateral security obligation of the instant real estate shall be acquired by the victim, and the remainder of KRW 155 million shall be paid as the sales price, and the amount equivalent to KRW 80 million among them shall be paid as the purchase price, and the amount equivalent to KRW 80 million among them shall be substituted by the supply of land.

However, the lease deposit of the tenant was not 30 million won, but 135 million won.

유사 판례

-수원지방법원 안산지원 2018.09.07 2017고단1704

-서울서부지방법원 2016.06.29 2015고합280

-인천지방법원 2015.02.27 2014고단8354

-춘천지방법원 2016.07.01 2014고단1152

-부산지방법원 2017.05.30 2015고단2515