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(영문) 대구지방법원 2013.09.26 2013노1137
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the misunderstanding of facts or misunderstanding of legal principles (the part not guilty in the original trial), the statements by the victim J, I, K, etc., and the real estate security trust agreement, etc., the Defendant is KB real estate trust company (hereinafter “KB real estate trust”) with the aim of evading compulsory execution against C apartment 301.

A) It is recognized that property was concealed by the trust. Nevertheless, the judgment of the court below that acquitted this part of the facts charged is erroneous by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

B. Defendant 1) misunderstanding of facts (the guilty part of the original conviction) did not by deceiving the victim by deceiving the victim to transfer the ownership of the above C apartment 401. Nevertheless, the judgment of the court below which found the Defendant guilty of this part of the charges, which affected the conclusion of the judgment by misunderstanding the facts, is erroneous. 2) The sentence sentenced by the court below of unfair sentencing is too unreasonable.

2. Determination

A. Determination of the Prosecutor’s assertion of mistake of facts (the part not guilty in the original trial: evasion of compulsory execution) 1) The summary of this part of the facts charged was insufficient for the construction fund of the apartment, and the Defendant’s summary of this part of the facts charged, and on February 9, 2011, the constructor I submitted the G Apartment in North Korea (hereinafter “instant apartment”).

(2) On February 16, 201, the Defendant knew that when completing the above apartment construction, it would be subject to compulsory execution against the owner of the above apartment construction contract, and at the same time, on February 16, 2012, it was entrusted to KB real estate trust (hereinafter referred to as “the trust”) with the victim J, K, etc., borrowed a total of KRW 175 million from the victim J, K, etc., and provided it as security and notified the Defendant of the fact.

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