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(영문) 서울중앙지방법원 2013.04.25 2012노4244
사기미수등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (the defendants) were the assistant officer of the defendant A who brought about the 13th National Assembly member in politics, and the defendant A, who was preparing for the withdrawal of the National Assembly member at the time, requested assistance from the 1995 that it is difficult for the defendant A to do so, making loans of KRW 200 million in total, including KRW 50 million in 1996, KRW 50 million in 1996, KRW 50 million in 1996, and KRW 50 million in 2000, and the defendants did not have committed a fraudulent act, and the defendants did not have committed a fraudulent act or did not have any financial data such as check at the time. In addition, the defendant C was the assistant of the 90-year master school, as well as the defendant C had operated a well-known house with the trade name "P" in Gangnam-gu SeoulO, and therefore there was a surplus fund.

In addition, the point at which Defendant C exercised his claim against Defendant A was received on April 20, 208, and on May 12, 2010, when Defendant C entered into a lease agreement for Defendant A’s building 202 by recognizing the bank’s interest of KRW 150 million as the deposit for lease deposit and recognizing the bank’s interest of KRW 200 million as the principal interest. As such, the victim G et al. was much more than July 16, 2012, which was subject to provisional attachment, and thus, it was not an objective condition that there was a risk of compulsory execution, such as provisional attachment.

B. The sentencing of the lower court (Defendant A) on the grounds that the sentencing of the lower court (two years of imprisonment with prison labor for eight months and the suspension of execution) is too unreasonable.

2. Determination

A. According to the records on the Defendants’ assertion of mistake of facts or misapprehension of legal principles, ① Defendant A reconstructed the Jongno-gu Seoul Metropolitan Government Q apartment as a R apartment, and on June 4, 2008, Defendant A rendered a decision to commence compulsory auction against 9 R apartment units owned by Defendant A in the case of compulsory auction by H real estate at the Seoul Central District Court of Seoul on June 4, 2008, and ② Defendant C made a decision to commence compulsory auction against Defendant A with respect to 202 as to 150 million won.

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