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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2013.08.22 2013노1165
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not have the intention to acquire the victims' money by deceit.

B. The sentence of an unreasonable sentencing (eight months of imprisonment) by the lower court is too unreasonable.

2. Determination:

A. Comprehensively taking account of the evidence duly admitted and investigated by the court below regarding the assertion of mistake, ① all the forests and fields the defendant argued to transfer the victims' shares to the victims were owned by IM partnership (hereinafter referred to as NA partnership). In the process of purchasing the above forests and fields from NA partnership, the defendant did not have any remaining funds to purchase the forest except 30 million won, ② the defendant borrowed 180 million won fund from NAJ and K (hereinafter referred to as 'creditors') outside public prosecution and set up a collateral security right on the forest and field as security, ③ the defendant transferred the victims' shares without limited real right to purchase the above forest and field to the victims. At the time, it is impossible for the defendant to cancel the said right before the victims' share was not able to pay money, ④ The defendant did not notify the victims of the above forest and field establishment of the right to collateral security right, ⑤ The defendant did not have any duty to explain the fact that the contract was established in the name of the victims in the form of the general contract.

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