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(영문) 대전지방법원 2014.07.16 2014노1146
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (the factual error and inappropriate sentencing)

A. misunderstanding of facts 10 million won among the 100 million won in which the victim asserts that he was defraudeded, ① 40 million won was sent by the victim as a share investment bond to the Defendant, ② there was no delivery of KRW 30 million as a check, and ③ The remaining KRW 30 million was only the money that the victim remitted the proceeds of the “D” in this case, which was operated jointly with the Defendant, to the Defendant’s domination of the Defendant’s capital, to the Defendant’s bank account. 2) On June 24, 2011, around June 24, 2011, the part of the use of the authentic authentic document, forgery of a private document, the use of the falsified investigation document, the fraudulent entry of the authentic copy of the authentic document, and the use of the authentic authentic document, as the head of G, the Defendant’s mother, with the right to dispose of the land of Gangseo-gu Busan (hereinafter “instant land”). Therefore, it should be deemed

3) On May 21, 2012, in the process of concluding a new lease agreement due to the change of the owner of a building in the instant resting room by forging a private document, uttering of a false investigation document, entry of the original copy of a notarial deed, and the use of the original copy of a notarial deed, the degree of KRW 50 million is required, and for this purpose, cancellation of a mortgage with the intention to obtain a loan of KRW 100 million from a financial institution upon delegation from a financial institution, and there was no forgery of a delegation of the E’s power of attorney. (B) The lower court sentenced the Defendant to an unreasonable sentencing (one year and six months of imprisonment).

2. Determination

A. 1) Determination on the assertion of mistake of facts is based on the following circumstances according to the evidence duly adopted and examined by the court below. A) The victim is unable to repay the construction cost of KRW 100 million after one year, if he/she lends the land to the investigative agency for which the defendant is entitled to compensation from Busan to the court below.

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