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(영문) 청주지방법원 2016.06.23 2015노1329
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court, on September 5, 2014, intended to pay KRW 40 million at the time when the Defendant issued a written confirmation to the victim on September 5, 2014 and received necessary documents for the principal registration and the registration of ownership transfer based on the provisional registration.

The judgment of innocence was pronounced.

However, it cannot be acknowledged that there was an agreement between the Defendant and the victim on reduction of KRW 10 million. Thus, in light of the fact that the Defendant did not pay KRW 40 million according to the reduction agreement, and that the Defendant unilaterally refused to pay the price immediately after the agreement and completed the registration of transfer of ownership in the name of his/her father, the Defendant did not intend to pay KRW 40 million to the victim from the time when he/she received documents related to the provisional registration.

Therefore, this part of the judgment of the court below is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court (guilty guilty part) is deemed to be too uneasy and unfair.

2. Determination

A. On August 21, 2014, the Defendant entered into a sales contract with G for three parcels, etc. outside 720 square meters (hereinafter “instant land”) in the office of the certified judicial scrivener office located in Yongsan-si around August 21, 2014, the summary of the facts charged in this part of the facts charged. On September 5, 2014, the Defendant would obtain a loan from the bank and pay KRW 40 million for the loan from the office of the said certified judicial scrivener office “on September 5, 2014, 2014, the Defendant entered into a standard contract for construction works with G and private sectors, but failed to receive construction payment,” and “on March 12, 2014, the Defendant would receive a registration of ownership transfer claim (hereinafter “the provisional registration of this case”) in the name of E, a false statement to the effect that “on September 16, 2014, the said office will grant the loan of KRW 40 million.”

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