(영문) 수원지방법원 2016.11.23 2016노3225 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.11.23 2016노3225

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the victim A.

Reasons

1. Summary of grounds for appeal;

A. As to the fraud of 2015 Godan734 decided in the judgment of the court below, the defendant cannot be deemed to have acquired land of this case (hereinafter "the land of this case"), and the defendant acquired land of this case (hereinafter "the land of this case") of this case in Echeon-si AB 654 square meters, which is owned by EA (hereinafter "victim U"), by obtaining KRW 100 million from U, and used the provisional attachment and registration of creation of mortgage in the land of this case in order to cancel the provisional attachment and registration of creation of mortgage in the 39,273 square meters of the 39,273 square meters of the 39,273 square meters of land owned by V (hereinafter "the specific part of the 3,000 square meters of land of this case"), and it cannot be deemed to have acquired the above land of this case by deceiving the above victim's ownership by deceptioning the above KRW 100 million as the sale price of the land of this case, and thus, the defendant cannot be deemed to have acquired the above KRW 1000 million.

B. The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

As long as the prosecutor applied for changes in the indictment in exchange for the fraud No. 2015Da734 as stated in the judgment of the court below at the trial court, the prosecutor applied for changes in the indictment by allowing this court to change the subject matter of the trial. As long as the court below sentenced to a single punishment for the remaining crimes in relation to the above crime and the crime in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, the entire judgment of the court below

However, the defendant's assertion of mistake, which is the reason for the appeal, is still subject to the judgment of the court.

유사 판례

-수원지방법원 2017.12.07 2017나55534

-수원지방법원 2018.12.04 2017가합20220

-수원지방법원 2014.06.17 2013가합24163

-수원지방법원 2015.10.27 2014가합11065

-서울중앙지방법원 2015.05.13 2014고단7645