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(영문) 인천지방법원 2012.09.27 2012노687
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there is no evidence to prove the facts charged against Defendant A, or there is insufficient evidence to prove the facts charged against Defendant A, the lower court found the facts erroneous and convicted Defendant A, and sentenced Defendant A guilty. 2) The sentence (two years of imprisonment) sentenced by the lower court against Defendant A is too unreasonable.

B. Defendant C1) misunderstanding of facts did not have the intention of deceiving the victim N and did not conspired with the Defendant A. Nevertheless, the lower court found the facts erroneous and convicted the Defendant C. 2) The sentence of imprisonment (one year of imprisonment) sentenced by the lower court on the Defendant C is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts: (a) The following circumstances acknowledged by the judgment of the court below as to the fraud against Defendant A’s victim J and the evidence duly examined and adopted in the court of the trial; (b) the victim J is expected to occupy E commercial buildings from the investigative agency to the court of the trial at the court of the trial at the latest on April 2006; and (c) the victim J concluded a sales contract with the victim E after hearing the opinion that E would make a lease contract with a deposit deposit amount of KRW 20 million and KRW 1.2 million per month if he would want to purchase and rent a commercial building; and (d) it consistently stated that he paid KRW 90,690,739 as the sale price; (b) the Defendant E was actually operated by the Defendant E; and (e) the victim J stated that it would make a sales contract from E to the victim J at the latest on March 15, 2006 at the time of entering into the sales contract on behalf of the Plaintiff E commercial building; and (e) the Plaintiff stated that it would be an open building No. 1313.

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