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(영문) 서울서부지방법원 2017.06.22 2016노403
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, each of the business affairs is discretionary.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as to each of the instant frauds, appears to be erroneous in writing in Q Co., Ltd. (the written indictment and the judgment of the court below, each of the “E” at the time of entering into each of the instant

Through Q, there was an intention or ability to transfer the ownership of each part of the victim's O and R's purchase through the victim's O and R's purchase. However, the ownership was not transferred due to the subsequent change in the situation, and there was no intention to commit deception and fraud against the defendant.

B. misunderstanding of legal principles, each of the instant occupational breach of trust constitutes an act subsequent to the punishment for each of the instant fraud, and is not a household.

Even if the F's obligation to manage the sale price is its own obligation, and it is not another's business, so the crime of breach of trust is not established.

(c)

It is unfair that the sentence of the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of fact, i.e., the victims, consistently from the investigative agency to the lower court, have been registered as transfer of ownership within a week or 10 days after paying the remainder upon entering into a sales contract and paying the sales price.

"The sales price paid" and "the sales price shall be safe since a certified judicial scrivener is responsible and managed until the registration of transfer of ownership is completed.

“” has believeded the horses and remitted the sales amount to an account in F’s name.

(2) The sale and purchase object purchased by Q Q from the G clan (hereinafter “G clan”) is 59,504 square meters ( approximately 18,000 square meters, and the sale and purchase purpose part after the fact is divided into four parcels of the wife population J or K from May 201, 201; hereinafter “each land of this case”) among 250,631 square meters in the wife population I at the time of the division before the division. The sale and purchase contract was concluded with the representative H of the G clan after the conclusion of the sales contract.

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