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(영문) 광주지방법원 2018.12.05 2018노1947
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the victim's statement in the court below and the contract for sales agency service contract, etc., the court below found the fact that the defendant, as if he did not have a general right to sell the apartment house with respect to the reconstruction C, he had a right to sell the apartment house in Gyeyang-si Co., Ltd., which was operated by the defendant, by deceiving the victim E, thereby deceiving the victim E and deceiving the victim of the damage, but the court below found the defendant not guilty of the facts charged of this case

2. The lower court determined as follows based on the evidence duly adopted and examined by the lower court: (a) there is a provision that the establishment of this contract should be re-verification by signing ratifications or seals from the contractor (treatment Construction and Samsung C&T) to the contract for the sale of services executed by the Defendant and the victim after the approval of the project; and (b) in light of the fact that E, a general right of sale in a construction project, owned by the contractor under a contract with a reconstruction association or a cooperative, and engaged in a sale agency business and a real estate development project, etc. from around 2002, was well aware of such legal relationship, the Defendant has a general right to sell apartment.

Frauded the damaged person;

It is difficult to see that there is no proof of crime in the facts charged of this case and the acquittal was pronounced.

Examining the reasoning of the lower judgment’s acquittal in comparison with the records of this case, the lower court was justifiable to have rendered a not-guilty verdict on the facts charged of this case for reasons indicated in its holding.

Therefore, prosecutor's assertion of mistake is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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