(영문) 서울중앙지방법원 2015.10.23 2015노2241

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Reasons

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(영문) 서울중앙지방법원 2015.10.23 2015노2241

사기

Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant B (1) misunderstanding of facts (A) , the Defendant opened a English village in the vicinity of the instant I forest because the Defendant purchased and reselled the said forest, and there was no fact that the said I forest was said to be a prospective site for expanding the English village, as stated in the judgment of the court below.

(B) The Defendant did not conclude that “the Defendant had already formed an investment club to purchase Nil land, and that he was able to engage in a large number of personnel, as stated in the judgment of the court below, and that he was able to close immediately, as the Defendant stated in the judgment of the court below, with respect to defraudation of Nil land KRW 350 million.”

In addition, KRW 130 million, out of KRW 350 million received from the victim, was paid as the purchase price of the BF land owned by the Defendant, and KRW 150 million out of the remainder of KRW 220 million was used to purchase the AR land in accordance with the investment agreement with the victim. Since the victim transferred the ownership of R land andN land to the victim, the Defendant did not defraud the victim with KRW 350 million.

(2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

B. According to the prosecutor’s evidence submitted by the prosecutor (1) misunderstanding of facts or misunderstanding of legal principles (with respect to the defendants), it is recognized that the defendants knew of the fact that the defendants deceptiond the victim and that Y, a third party, could be acquired due to the deception of the defendants, and therefore, fraud is established.

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

(2) The lower court’s punishment on the Defendant B is too unjustifiable and unreasonable.

2. Determination on the grounds for appeal

A. Regarding the part concerning Defendant B’s assertion of mistake of facts (1) land.

유사 판례

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