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(영문) 인천지방법원 2015.04.22 2015노910
사기등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. (1) Regarding the establishment of embezzlement, the Defendants agreed to sell real estate to the broker by means of a recognized work method (if the seller sells the goods to a certain amount, the broker sold the amount in excess of the amount and sold it to the seller, and the difference between the seller and the seller is brought about as recognized work cost), and did not embezzled or defraud the money of the victim.

(2) As to the amount of embezzlement, the Defendants asserted that: (a) the victim’s husband F, who is the owner of each of the instant real property, should have been naturally disbursed by the Defendant in the course of selling each of the instant real property; (b) the amount of KRW 9.122 million paid by Defendant A to AF, who is the same living together with the above F; (c) KRW 2.94 million paid by the Defendants with the total amount of KRW 10,80,000 and brokerage commission paid by the Defendants to A; and (d) the amount of the above F’s loans to agricultural cooperatives by Defendant A, KRW 6,169,000,000 and KRW 2067,120,000,000 paid to AC, should be excluded from the amount of embezzlement.

B. Each sentence against the Defendants on the lower court’s unreasonable sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to the establishment of embezzlement, the following facts can be acknowledged in full view of the evidence duly adopted and examined by the lower court and the first instance court.

① A around October 2009, Defendant A sold the victim’s husband F’s property name G, H, I, J, K, K,O, M, and N real estate (hereinafter only the lot number alone) from the victim to purchase the housing located in Incheon City as the proceeds of the sale.

② A around November 2009, Defendant A sold KRW 420 million of G, H, I, and J land, KRW 279 million of K andO land, KRW 32220 million of purchase price, and received KRW 949 million of purchase price.

(3) The defendant A shall have the victim during the police investigation.

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