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(영문) 전주지방법원 2015.12.04 2015노931
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim J of fraud part (hereinafter “victim”) determined that the Defendant had an investment value even with knowledge of the purchase of the instant real estate at the price of KRW 2.8 million per square year, and that the Defendant purchased 1/2 shares of the instant real estate at KRW 2.8 million per square year, and that the Defendant did not deceiving the victim.

B. In the process of offering and lending the instant real estate as security, the Defendant was delegated with respect to the preparation of loan documents by the victim, and the preparation of the instant real estate sales contract is also included in the scope of delegation.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court in the part of the crime of fraud, the Defendant is recognized to have acquired money by deceiving the victim as shown in the facts charged, so this part of the Defendant’s allegation of mistake is without merit.

1) In the investigation agency and the court of the court below, the victim obtained a proposal from the defendant that "if the victim sells the above real estate jointly with the defendant, or if profits accrue from the sale of the above real estate or the construction and sale of the telecom, etc. on the above real estate, then he purchased the above real estate at KRW 2.8 billion on an ordinary basis, the victim traded the real estate at KRW 750,40,000 (total 268,000 won, the defendant and the victim traded the above real estate at KRW 2.68,000,000,000,000 won (total 2.8 billion won, x 2.8 billion won shall be appropriated from the bank, and the remaining money shall be borne by 1/2,000,000 won, 12,520,000 won [the sum of KRW 7.5 billion, 4.2.1 billion, 4.25 billion, 2000,000 won, as requested by the defendant.

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