(영문) 부산지방법원 2015.02.13 2014노2050 | 리걸엔진

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(영문) 부산지방법원 2015.02.13 2014노2050

사기

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The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. On February 28, 2007, the Defendant: (a) lent KRW 40 million from the victim D; and (b) concluded a lease contract on an apartment building E (hereinafter “the apartment of this case”) 203 204 dong-gu Busan (hereinafter “the apartment of this case”); and (c) completed the registration of creation of a neighboring mortgage on the above lease (hereinafter “registration of creation of a neighboring mortgage”) with the victim as security against the loan money.

However, the Defendant, upon the expiration of the period of the above contract to establish a right to lease on a deposit basis, was entitled to the prior lease deposit of KRW 30 million from 202,00,000,000.

At the request of the defendant on January 14, 2010, the victim terminated the registration of creation of a new right to lease on a deposit basis pursuant to the contract to establish a new right to lease on a deposit basis, which is true that the defendant promised to complete the registration of establishment of a new right to lease on a deposit basis pursuant to the contract to establish a right to lease on a deposit basis

However, in the wind that the establishment of the right to lease on a deposit basis is deferred due to the owner's reasons in 202, 203, the defendant did not complete the establishment registration of a new right to lease on a deposit basis to the victim, and even though the defendant did not have the ability to complete the establishment registration of a new right to lease on a deposit basis with respect to 202, 203, 203, 200, 2000, 2000, 2000, 203, 2

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant transferred the instant apartment No. 203 Dong 204 on March 22, 2007.

유사 판례

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