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(영문) 서울동부지방법원 2012.10.19 2012노187
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles cannot be recognized as criminal facts of the lower judgment. 2) The lower court’s sentencing (three years of suspended sentence for two years of imprisonment, two years of probation, and two hundred hours of community service order) is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The Defendant recognized the entire facts charged on the fourth trial date of the lower court, and there is no circumstance to suspect the credibility of the confession.

In addition, even if the above confession statement was excluded, the following circumstances, which are duly adopted and examined by the court below, are consistent with the investigation agency, i.e., the defendant stated that the defendant has no permission to sell the share in the land of this case, ii) the defendant sold the share in this case to E after six months from July 2002, he decided to repurchase the share in this case, but failed to comply with a repurchase agreement for a considerable period of time, and as the defendant was urged to sell the share in this case to K for reasons that it is difficult to supply funds from E, which led to sale of the share in this case owned by E. Thus, the relation between the defendant and E, the circumstance that the defendant sold the share in this case to K, iii) before and after the defendant issued the certificate of the right to register and a certificate of the personal seal impression to sell the share in this case, and 4) the defendant prepared a copy of the real estate sales contract and the contents of each copy attached to the defendant after the sale of the share in this case, the defendant arbitrarily sold the share in this case to K without permission and delivered the purchase price of this case 40.

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