logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.02.08 2017노1759
사기미수
Text

The defendant's appeal is dismissed.

Reasons

misunderstanding the substance of the grounds for appeal and misunderstanding the legal principles, the Defendant believed that he/she was true with a pre-sale certificate on July 8, 2013 between the network E and the victim, and the victim was aware of the fact that he/she received 39 million won from the formal purchase price, and filed a lawsuit. Therefore, the Defendant did not have any intention to obtain fraud.

The sentencing of the lower court (eight months of imprisonment and two years of suspended execution) is too unreasonable.

Judgment on the Reasons for Appeal

A. As to the assertion of mistake, the lower court duly adopted and investigated the following circumstances: ① the victim was likely to enter into a provisional attachment due to the outstanding amount due to his/her customer; ② the victim entered into a false promise to sell and purchase the instant real estate, which is one of his/her own property, and completed the registration of the right to request transfer of ownership due to the said promise (hereinafter “provisional registration of this case”) on July 8, 2013; ② before the death of June 10, 2016, E would have the victim cancelled the provisional registration of this case, which was completed in the name of E before the employee of the I office directly confirmed his/her will, but the victim was required to cancel the provisional registration from K, the wife, and the victim could have the victim enter into the provisional registration of this case from 0 to 20,000 to 16,000 prior to the death of the victim, and the Defendant could have the victim enter into the provisional registration of this case under his/her own name and 16,000.

arrow