(영문) 서울중앙지방법원 2013.10.30 2013노1653

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(영문) 서울중앙지방법원 2013.10.30 2013노1653

사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The Defendant’s fraud against F is a corporation H (hereinafter “State H”)

[2] The land of this case is the land of this case and the land of this case and the land of this case and the land of this case

2) The F’s proposal is the F’s proposal that the F’s purchaser of the land was a corporation at the time of construction and sale of the electric source house (hereinafter “S”).

(2) The Defendant was aware that the instant land purchaser was changed from the Defendant to S at the time of paying the sale price, and that at the time of paying the sale price, the instant land purchaser was changed from the Defendant to the Defendant at the time of paying the sale price. The instant land purchaser was changed from the Defendant at the time of paying the sale price.

In addition, the defendant only received the construction cost of KRW 11,00,000,00 from K to construct the whole house to be sold first, and it does not receive money from K.

3) The fact of fraud against M is that M bears the cost of construction previously executed by the previous contractor of the O-Newly constructed construction under an agreement with the Defendant, and the Defendant does not belong to M. B. The punishment sentenced by the lower court of unreasonable sentencing (a three-year imprisonment is too unreasonable).

2. Determination

A. 1) Determination of misunderstanding of facts as to F’s fraud, along with the various circumstances cited by the lower court, as well as the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, namely, ① the Defendant was notified to H of the cancellation of a sales contract by failing to fully pay the purchase price for the instant land, which is a new site for the electric source house, to (i) the instant investment, (ii) the Defendant was notified of the cancellation of the sales contract, ② the fact that there was no authority granted by H to sell the electric source house, and (iii) the Defendant was

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