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(영문) 서울서부지방법원 2015.01.15 2014노113
사기등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. As to the guilty portion of the judgment of the court below in the misconception of facts (the violation of the Act on the Registration of Real Estate under Actual Titleholder's Name and the violation of the Act on the Registration of Real Estate under Actual Titleholder's Name), the defendant did not have been delegated by the victim the right of purchase of the F apartment 109 Dong 402 (hereinafter "F apartment") and H apartment 403 (hereinafter "H apartment"), and did not cause damage to the victim, and even though the defendant is not the actual purchaser of F apartment, the judgment of the court below convicting the defendant of each charge is erroneous in the misapprehension of facts.

(2) The lower court’s sentence of unreasonable sentencing (eight months of imprisonment and two years of suspended execution) is unreasonable.

B. The judgment of the court below which acquitted the defendant of this part of the facts charged, despite the fact that the prosecutor (1) acquitted part of the judgment of the court below of the erroneous determination of facts, based on the evidence submitted by the prosecutor such as the victim's statement, etc., the defendant deceivings the victim under the pretext that he would allow him to take over the carpets, is erroneous in the misunderstanding of facts.

(2) The lower court’s sentence of unreasonable sentencing is unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the indictment concerning the violation of trust of this case as stated in the following criminal facts 1. The subject of the judgment of the court below was changed by granting permission. Thus, the judgment of the court below is no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the reasons for ex officio reversal.

3. The judgment of the court below is legitimate, such as the statement by the court below and the investigative agency of each part of the defendant and the victim C, G, M, and N respectively, a real estate sales contract, a copy of the register, and a specification of transactions.

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