(영문) 전주지방법원 2015.02.13 2013노1407 | 리걸엔진

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자간(%)

(영문) 전주지방법원 2015.02.13 2013노1407

사기

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The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is that the defendants are allowed to return the lease deposit to the victims when they lease a multi-family house on the D and one parcel (hereinafter referred to as the "multi-family house in this case") to the victims at the time when they are allowed to lease the apartment house in this case at the time when they had been lost in the lawsuit to remove the apartment house in this case, but they have received the lease deposit from the victims by leasing the apartment house in this case while they have been unable to use the leased object properly, and if the victims become unable to use the leased object properly, the defendants did not have the ability to return the lease deposit to the victims. The defendants did not have the ability to use the leased object properly according to the result of the removal lawsuit, although the victims could not use the leased object properly, or could not return the deposit to the victims, and therefore they concluded a lease contract and received the lease deposit without notifying the victims, and at least there was no negligence in fraud with the defendants, the court below erred in the misapprehension of the charges in this case and acquitted all the facts of the judgment.

2. Before the judgment on the grounds for appeal against the Defendants by the prosecutor ex officio, the prosecutor applied for changes in the indictment with respect to the Defendants at the trial court as follows. Since the subject of the judgment was changed by this court’s permission, the judgment below was no longer maintained.

【Revised Indictment】

1. On July 14, 2010, the Defendant of Defendant B’s sole criminal conduct (hereinafter “Defendant B”) filed a deposit amount of KRW 23 million with the victim E for multi-family house No. 107 on the same parcel (hereinafter “multi-family house”).

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