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(영문) 서울고등법원 2012.02.24 2011노3024
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of facts in the facts charged in the instant case of mistake, the lower court convicted the victims of the mistake of the fact, although the Defendant did not deceiving the victims.

(b) The additional collection I shall be recognized only for KRW 13 million, since it was delivered to the Defendant after deducting KRW 7 million from KRW 20 million received from F, and only KRW 13 million.

C. The sentence imposed by the lower court on the Defendant (one hundred months of imprisonment, two years of suspended execution, and additional collection KRW 20 million) is too unreasonable.

2. Determination

A. The Defendant alleged the same purport as the grounds for appeal in this part of the judgment below regarding the assertion of mistake of facts.

The court below determined that, in full view of the following facts: (a) the Defendant: (i) the Defendant was to move into a leased apartment to I and bring the rental deposit to I; (ii) the Defendant was to move into an O, N, and M-do rental apartment; and (iii) the Defendant was to move into the Seoul Special Metropolitan City SH Corporation Rental apartment; (b) the eligibility for occupancy, such as the National Basic Living Security Recipients; (c) the Defendant was to enter into a contract through Internet subscription, prize, inquiry, etc.; (iv) the deposit is to be paid to the SH Corporation after being selected as an occupant; and (v) the Defendant was not a former resident safety specialist; (v) the Defendant was merely a former resident safety specialist; (v) the Defendant received the rental deposit without the authority of the said victims; and (v) the victims were not required to take the selection procedure; and (v) the Defendant was aware of the said victims’ intention or ability to move into the above apartment.

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