(영문) 서울서부지방법원 2015.01.23 2014노255

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(영문) 서울서부지방법원 2015.01.23 2014노255

사기

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3. The facts charged in the instant case are surrounding.

Reasons

1. Summary of grounds for appeal;

A. (1) misunderstanding of facts regarding F’s fraud (related to Seoul Northernbuk-gu E-Ba 402) The Defendant acquired 40 million won from F by winning a successful bid for the said real estate (hereinafter “instant E-real estate”) even though he did not intend to be awarded a successful bid in the auction, and the lower court acquitted the Defendant of this part of the facts charged.

(2) The part of the fraud against D (related to Seoul Seongbuk-gu 1st floor C101) found the Defendant not guilty of this part of the facts charged, on the ground that the Defendant, by deceiving D as if he did not have the intent or ability to cancel the provisional registration established on the above real estate owned by D (hereinafter “instant real estate”) and the registration of establishment of a neighboring mortgage, had the Defendant cancelled D’s intention or ability to cancel the registration of establishment of a new real estate owned by D, thereby having consented to offer the said real estate as security

B. The sentence of an unreasonable sentencing sentence (two years of suspended sentence in August) of the lower court is too minor.

2. Determination

A. On August 31, 2005, the judgment of the court below (1) ex officio prior to the determination of the reasons for appeal (A). The summary of the part of the facts charged in the judgment of the court below in the judgment of the court below is as follows: "the defendant was issued KRW 40 million to the victim in the victim F's residence in Seongbuk-gu Seoul, Seoul, where D, who was aware of the facts of the judgment of the court below, had been residing in 30 million won for the deposit money." On August 31, 2005, the defendant was issued KRW 40 million for the auction.

Defendant failed to participate in the auction of the above 402, but around November 2005, the above 402 was awarded to another person. While the above 402 was kept to return the money to the victim, the Defendant consumed the money for personal purposes, such as business funds, around that time.

In this respect.

유사 판례

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