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(영문) 서울고등법원 2013.07.11 2013노472
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant (1) Defendant 1’s fraud in the original judgment of mistake of facts related to the fraud of Defendant 1’s household fraud, the Defendant entered into a contract with L to purchase two of the 10 greenhouse greenhouses as KRW 70 million per unit, and subsequently purchased a large amount of money after lowering the total amount of KRW 60 million per unit of a greenhouse house, and thus, entered into a contract by lowering the total amount of KRW 60 million. Thus, the Defendant did not directly purchase six greenhouses from L, and the Defendant did not directly purchase six greenhouses from L, and the market price of the greenhouses at the time was above KRW 70 million per unit of a greenhouse, and thus, the Defendant did not incur any damage to the victim. The lower court convicted the Defendant of this part of the facts charged, which affected the conclusion of the judgment of the lower court.

(2) As to the fraud of 1-B among the facts charged in the judgment of the original court based on the misapprehension of the legal principle as to the identity of the facts charged related to the fraud of 1-B, the prosecutor indicted the Defendant on the charge that the Defendant, despite having no intention or ability to allow the victim to exercise the right to occupy the commercial building, had the Defendant accused of the charge by deceiving the Defendant of the amount of KRW 70 million,000,000,000, unlike the contents of the indictment, unlike the contents of the indictment, the lower court convicted the Defendant of the charge

(3) As to the fraud of 1-B among the facts constituting the crime at the time of a judgment of the original court on the mistake of facts related to the fraud of 1-B fraud, the defendant also believed that the right to occupy a commercial building was generated in both greenhouses, and thus, did not deceiving the victim. On July 30, 2012, the defendant promised on July 30, 201 that the victim would purchase a vinyl house at KRW 70 million per each unit of plastic house, and promised to purchase it at the same time pursuant to the promise.

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