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(영문) 대구지방법원 2021.01.19 2020노183
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. At the time of concluding a lease contract with the victims, the Defendant: (a) knew that the access road to the D shop installed by the Defendant (hereinafter “the access road of this case”) is illegal; and (b) concluded a lease contract by deceiving the victims, even though it was aware that the permission to occupy and use the road is also impossible without change in circumstances, such as the relocation of bus degradations.

Nevertheless, the lower court rendered a not-guilty verdict on the instant facts charged by misunderstanding facts.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case is the owner of a “D” building located on the right side of the Cpode located in Gyeong-si, Gyeongbuk-si (hereinafter “instant commercial building”).

The Defendant stated in the indictment around June 2016 as “ around June 2017.” However, according to the evidence duly adopted and examined by the lower court, it is recognized as “ around June 2016.” Since it did not cause substantial disadvantage to the Defendant’s exercise of the right of defense, the Defendant’s ex officio correction is made “ around June 2016.”

At the time, the instant commercial building was acquired. At the same time, the access road to which the building is entering the above C did not have to be opened (the left side of the building), and there was a access road only at the point where approximately 80% of the building of the instant commercial building was passed (hereinafter “existing access road”).

The Defendant may not conclude a contract with the victim F, who opened a commercial building around July 2017 from the employee E who sold the building on behalf of the Defendant, as there is no access road to the beginning of the commercial building.

If an access road to a commercial building exists, the contract will be concluded.

“Before hearing the statement to the effect that “,” around that time, the first part of the instant commercial building was packed the access road to the original part of the instant commercial building and sent a photograph of the access road to the instant commercial building, which was newly packed to the said victim F.

However, the access road of this case, which is newly packed by the defendant, shall be increased or decreased by the intersection in the vicinity.

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