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(영문) 수원지방법원 2016.06.30 2016노835
사기등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of the facts or misunderstanding of the legal principles (the part found guilty in the lower court), (a) the part concerning the fraud of the land purchase price, which was concluded between Defendant A, S, AL, etc., was not finally null and void, and only if the remainder is paid, the ownership transfer registration on the said land is possible. As such, Defendant A had the ability to purchase the said land and transfer ownership to the victim V, Q, BH, Y, AY, AY, Z and the victim J.

As a partner who entered into a sales agency agreement with Defendant A, he directly confirmed the overall sales contract between Defendant A and Defendant A, and purchased part of the land from Defendant A, and entered into a sales contract with Q, BH, AW, AY, AY, and AZ, and most of the sales proceeds remitted by Q, BH were personally used, and not delivered to Defendant A. As such, Defendant A acquired the sales proceeds by deceiving Defendant A, thereby taking advantage of victim V, Q, BH, AW, AY, and Z.

subsection (b) of this section.

Y For the purpose of the Z and AA land in Gwangju City, the sales contract was amended to sell the AB ground housing instead of Gwangju City and completed the implementation thereof. As such, Defendant A acquired the purchase price by deceiving the victim Y.

shall not be deemed to exist.

(B) On the ground that Defendant A informed most of the matters concerning the land sales contract to the victim V (crime list 2), Y (crime list 3), J (crime list 4), and NN (crime list 5 of the lower judgment), Defendant A did not deceiving the said victims and defraud money.

Defendant A raised business funds in the capacity of Defendant A’s partner, and Defendant A received only a part of the loan of KRW 160,500,000,000, which is claimed by Defendant V, and repaid most of them.

Y Of loans alleged by the lower court, the amount of crime No. 3, No. 14, and No. 17 is not borrowed by Defendant A, but Y.

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