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(영문) 대전지방법원 2015.10.21 2015노1981
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (Defendant B) Defendant B is merely a sales contract in reliance on Defendant A’s horse, and there was no intent to commit the crime and exercise the crime under the preceding Article.

B. The sentence of unfair sentencing (the defendant A: imprisonment with prison labor for one year, six months, and two years of suspended sentence) imposed by the court below (the defendant A) is too unreasonable.

2. Determination

A. Determination of mistake of facts 1) The following facts and circumstances acknowledged by evidence duly adopted and examined by the court below and the trial court: (i) Defendant B passed the Licensed Real Estate Agent Qualification Examination implemented in 2003 and obtained a licensed real estate agent qualification for about 10 years until the crime of the instant case is committed; (ii) Defendant B was extremely refused at the court of the first instance to request that the contract be sent by Defendant A on the day of the instant case; and (iii) the police stated that “A was not a seller, not a real estate sales contract, but a seller was scheduled to enter into a contract with direct trade; (iv) Defendant B did not verify that the seller was not a seller, and (v) Defendant B did not enter into the sales contract in the name of the broker under the name of the broker of the instant case and signed the sales contract, and signed and sealed the document under the name of the broker of the instant case.

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