(영문) 수원지방법원 2015.10.14 2014노1516 | 리걸엔진

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(영문) 수원지방법원 2015.10.14 2014노1516

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts by Defendant F Co., Ltd. (hereinafter “F”).

2) From Daegu Suwon-gu H apartment (hereinafter referred to as “H apartment”)

1) Of 103, 603, 903, 1503, 106, and 803, 106 (hereinafter “instant apartment”).

(2) Since the Defendant was not aware of the victim as stated in the judgment below, and there was no intention to commit a crime by deception against the Defendant at the time, since the Defendant had the right to dispose of the apartment of this case by transferring the right to sell it to the victim as a security for the borrowed loan obligation, the sentence of unfair sentencing (an order of community service of three years and 160 hours in prison and six months in prison) of the judgment below is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. According to the evidence duly admitted and examined by the court below and the court below, the following facts are acknowledged.

1) F is Inc. I (hereinafter “I”) around 2010.

(2) On June 9, 2010, the Defendant issued a share acquisition agreement with G to the effect that the Plaintiff acquired 50% of the F’s shares from G to 6 billion won, and that the Plaintiff acquired 50 billion won of the F’s shares and resolved the unsold issue of H apartment in the name of AA in which the representative director is located, and entered into a share acquisition agreement with G to the effect that the Defendant acquired 50 billion won of the F’s shares in the name of AA in the name of the company where the Z is the representative director, and jointly carried out 50 billion won of the F’s shares in the name of AB in the name of the Defendant on July 5, 2010 and jointly carried out the F’s shares acquisition agreement to the effect that the Defendant acquired 50 billion won of the F’s shares in the name of AB and jointly carried out the F’s shares in the account of the 400 million won shares and E’s 195 billion won shares in the E-U.

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