(영문) 수원지방법원 2013.06.13 2012노5603 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2013.06.13 2012노5603

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (1) is suspended for the reason that some of the land owners make it unreasonable to raise the purchase price, and there is no authority for the defendant to do so in relation to the sale of the building in this case, which the defendant of mistake of facts led through D.

Although the court did not have any intention or ability to sell in lots, the court below erred by misapprehending the fact, thereby finding the defendant guilty.

(2) Even if the conviction of an unreasonable sentencing decision is recognized, the punishment imposed by the court below on the accused (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor applied for changes in the indictment with the following contents at the time of the trial, and the judgment of the court below became the subject of the trial by permitting it. In this regard, the judgment of the court below was no longer maintained.

Around July 2007, the defendant is "the land of this case" in Seoul Special Metropolitan City, Nowon-gu.

'The Project' for the sale of buildings in this case is called 'the Project'.

The company, which is promoting, acquired the shares of D Co., Ltd. and tried to promote the sales business.

Around January 2008, the Defendant did not proceed with the land purchase work for the above land to the extent that the negotiations on the above land purchase price with the owners of the above land were not completed properly, etc. The above land purchase work for the above land was not carried out to the extent that the above land purchase project could be actually carried out, and even if the above land purchase fund and other large loans are actually impossible to be used for the above project fund from the financial rights, the Defendant did not have the intent or ability to sell the above building or to have the right to sell the building on behalf of the victims, even if it was paid the money under the pretext of the above land purchase fund and other funds for the above project fund from the financial rights,

유사 판례

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