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(영문) 서울중앙지방법원 2017.11.23 2017노2531
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the facts, was guilty on the part of the Defendant, even though he believed that he could purchase the net Q Q’s land by hearing the talk that V was delegated by U.S.’s children with the authority to sell the land and believed that he would purchase the land. Therefore, the lower court found the Defendant guilty, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant’s assertion on this part is rejected.

The defendant introduced AK to A even two weeks prior to borrowing money from the damaged party, and delivered AK a KRW 900 million for the registration cost and land down payment.

However, the above transactions were no longer made for reasons such as the lack of documents necessary for the registration of inheritance on the following day, and the KRW 100 million out of KRW 900 million was not returned to AK, which was well known by the defendant.

Furthermore, the Defendant, on the loan certificate stating that “the Defendant shall pay KRW 600 million to the victim within 10 days,” signed directly with A as the obligor, and thus, he/she was liable to pay KRW 600 million to the victim.

Nevertheless, the defendant introduced the victim to A, and had documents necessary for the registration of inheritance between them, and did not confirm whether the contract was the substance of the contract that A entered into, and whether the other party to the contract has the right to dispose of real estate.

B. As to the unfair argument of sentencing, the lower court agreed with the victim, but denies the crime up to the first instance trial, and is the same type of fraud.

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