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(영문) 창원지방법원 2014.07.03 2013노2302
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and F (1) asserting the misunderstanding of facts and misapprehension of legal principles, and Defendant F resided in Jeju-do, and was found to be a director at the Changwon-si located in the Changwon-si owned by his father network (hereinafter referred to as “O”) on July 11, 1997. At that time, the Defendant was mistakenly aware that A was “BD”, thereby making the move-in report as BD due to mistake, and thereafter, at the Dong office’s office on December 7, 1999, correcting “BD”, a transfer address ex officio, under the name of “actual lot correction” on December 7, 1999, is not a disguised transfer by Defendant F to W.

In addition, the Defendants heard the phrase, “it is sufficient that they own a building while living in the above business area before the notification of theO development project in order to purchase a new house, and there is no need to have the same address and the address of the residential building.” Defendant F resides in AA, and Defendant F was in the building located in the O development project area, and Defendant F was in the building owned by Defendant F in W, which is located in the O development project area, and there was no perception of intention or illegality as it was obtained for Defendant F to purchase the residential site for W, for which Defendant F was not residing.

Nevertheless, the court below found the Defendants guilty of the facts charged in this case on the ground that the Defendants conspired to deception a public official in charge of the viewing of creative viewers to purchase moving or moving houses, and thus, it erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

(2) The assertion of unreasonable sentencing is not so on.

Even if the court below sentenced the defendants (the defendant A: one year and six months of probation, the community service order 240 hours, the defendant F: the suspended sentence 2 years of imprisonment in August) is too unreasonable.

B. Defendant C did not make a disguised transfer to S around June 3, 1996, but owned by the Defendant on the actual ground of S.

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