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(영문) 부산지방법원 2014.04.03 2013노2675
사기등
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

Summary of Grounds for Appeal

A. Defendant 1) misunderstanding of facts (as to the guilty portion in the original judgment), the Defendant is a well-known E (hereinafter “deficial real estate”) owned by the Defendant.

F. F. F. F. F. (hereinafter referred to as “F. real estate”) owned by the State and the injured party.

(2) The exchange contract between the parties (hereinafter referred to as “instant exchange contract”).

(2) The judgment of the court below which found the Defendant guilty of this part of the charges on the basis of the victim D and L without credibility, and M’s statement, which affected the conclusion of the judgment, is erroneous in the misapprehension of the judgment, even if the judgment of the court below is not so unfair, even if the judgment of the court below is erroneous in the misapprehension of the facts that the Defendant did not receive KRW 100,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

B. A prosecutor 1) misunderstanding of facts (as to the acquittal portion in the original judgment), although the Defendant first concluded the instant exchange contract without the intention to delete the right to collateral security of well-known real estate with F real estate loans and to use it as the work price for well-known real estate loans and received KRW 40 million from the victim, the lower court acquitted the Defendant of fraud regarding the portion of delivery of KRW 40 million out of the facts charged in the instant case, which affected the conclusion of the judgment. 2) Even if it is not so unfair sentencing, the lower court’s sentencing on the conviction portion in the judgment of the lower court is so unreasonable that it is too unreasonable.

Judgment

A. Prior to the judgment on the ex officio judgment prosecutor and the defendant's grounds for appeal, the judgment was examined and judged ex officio.

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