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(영문) 전주지방법원 2015.02.11 2014노1131
사기
Text

1. The guilty part of the judgment of the court below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. The portion not guilty by a prosecutor.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (1) erroneous determination of facts (as to the acquittal portion), the victim Eul delivered KRW 100 million to the defendant for the purchase of the building site and its land (hereinafter “the instant real estate”) in Y in Y in Y in Y in Y in Y in Y in 199, and AA had no choice but to make a statement concerning the instant case on the basis of the above victim’s child, which was the victim’s child, and the contract party did not have any choice but any party. Thus, the investigation agency of AA and the court below cannot reject the credibility of the AA’s statement solely because each of the above statements in the investigation agency and the court below or AA did not make any specific statement about the sale of the instant real estate, and the receipt prepared by the above victim stated as “A, a co-owner of the instant real estate, at the time, who was the owner of the instant real estate, was never aware of the defendant at the court below, and thus, the above receipt was not a representative of the owner of the instant real estate, thereby affecting the conclusion of the judgment.

(2) The sentence sentenced by the lower court of unreasonable sentencing (one year and six months of imprisonment) is too uneased and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination

A. (1) On March 8, 2007, the Defendant was requested to sell and purchase the instant real estate owned by him from V and W at the front parking lot in the U.S. U.D.’s office located in Chungcheongnam-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (Death on March 4, 2008).

The contract deposit shall be KRW 100 million on March 9, 2007 at the prime day.

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