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(영문) 춘천지방법원 2016.04.27 2015노27
사기
Text

The judgment below

The part of the case of the defendant is reversed.

Defendant

A shall be punished by a fine of KRW 20,000,000.

The above defendant is above.

Reasons

1. Summary of grounds for appeal;

A. Defendants A) Defendant A: The sentence of the lower court (an amount of KRW 20 million) is too unreasonable.

2) Defendant B: Defendant B believed that the horses of Defendant A were trusted and sold and sold the instant land; thus, Defendant B had no intention to commit fraud.

B. The Prosecutor (Defendant A)’s sentence is too unhued and unreasonable.

2. Judgment on Defendant B’s assertion of mistake of facts

A. On June 2012, the Defendants conspiredd with the victim E in collusion to the effect that “The purchase price of KRW 299,09 square meters of forest land F, Gangwon-gun is KRW 235,500,000,000,000 for KRW 200,000,000 for KRW 21,50,000,000 for KRW 20,000,000 for KRW 20,000 for the purchase of the said forest.” As such, the Defendants were waiting to purchase KRW 30,000 for the purchase of the said forest as the down payment and the cost.” As such, the Defendants made a false statement to the effect that “A person who is obligated to pay KRW 21,50,000 for KRW 20,00 for the purchase of the said forest

However, in fact, the Defendants did not prepare for the remaining payment of the said forest land on behalf of them, and did not have any other means to purchase the said forest land by paying the balance of other sales transactions, and thus did not have any sufficient means to purchase the said forest land. Therefore, even if they received the down payment from the damaged person, they did not have the capacity to purchase the said forest land. As such, even if they did not waiting for the Defendants to purchase the said forest land at KRW 20,000 per square year, even if they received the down payment from the damaged person, they did not have any intent or ability to purchase the said forest land and pay the victim KRW 50,000,000 to

On June 15, 2012, the Defendants received KRW 27 million in the aggregate of KRW 27 million in front of the one-time check issued by our bank in the counter of one bank in the mobilization building located near the Jongno-gu Seoul Metropolitan Madern subway Station as down payment from the injured party.

As a result, the Defendants conspired to acquire the property from the damaged person.

B. The lower court’s judgment.

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