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(영문) 서울중앙지방법원 2019.08.23 2018노990
사기등
Text

The judgment below

The remainder, excluding the rejection of an order for compensation and an application for compensation, shall be reversed.

Reasons

1. Of the facts charged in this case, the court below acquitted the victim F of the 2017 Godan1968 case on each of the facts charged in this case on each of the judgment below, on each of the facts charged in this case, the facts of the 2017 Godan1968 case's fraud by defraudation of 29.8 million won against the victim BO of the same case, the facts of the 95 million won by defraudation of the victim BO of the same case, each of the facts of the 5.5 million won to the other victims, the facts of the 5.2 million won by further defraudation of the victim F, and the facts of the 10 million won by additional defraudation of the victim BO of the 1.2 million won against the victim BO of this case, and found the defendant not guilty on each of the reasons of the judgment below. As such, the part of the judgment below's acquittal was not appealed by the prosecutor because it did not appeal to the court, but was judged to be the object of the trial.

(see, e.g., Supreme Court Decision 2009Do12934, Jan. 14, 2010). Ultimately, the scope of trial of this Court is limited to the part that the lower court rendered guilty.

2. Summary of grounds for appeal;

A. misunderstanding of facts 1) The victim O was guilty of fraud against the victim O (2015Da370 decided in the original judgment) and the victim O changed the name of the defendant from the defendant to H after the introduction of N, a relative N.

2) As to the land owned, the forest land owned by 6,612 square meters (hereinafter “the forest land in Chuncheon”).

(2) Of the above, the Defendant purchased 1,653 square meters among the 1,653 square meters, and the Defendant did not say that not only the victim but also N would be developed as a house site for electric source. Although prior collateral security was established on the forest above, the Defendant had the ability to fully terminate the aforementioned forest, so there was no intention to commit deception and fraud. (2) The Defendant did not have the intention to commit deception and fraud. (2) The victim B, T, V (Case 2015 Godan6154 in the original judgment), W, Z (Case 2015 Godan8261 in the original judgment), and AB’s decision.

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