(영문) 대구지방법원 2016.08.17 2016노1233 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.08.17 2016노1233

사기등

Text

All appeals filed against the Defendants and the Prosecutor A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) In relation to the criminal facts stated in the judgment of the court below, Defendant A did not have the intention to acquire them by deception, with regard to Article 2 of the 2015 Highest 2070.

However, the lower court erred by misapprehending the fact that the lower court rendered a guilty verdict of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. Each sentence of Defendant B and D (Defendant B, Defendant D: 4 months of imprisonment, and 1 year of suspended execution) declared by the lower court is too unreasonable.

(c)

Defendant

C (Submission of Reasons for Appeal) Defendant C filed an appeal against the lower judgment on March 31, 2016, and was notified of lawful receipt of the record of trial on April 21, 2016, but failed to submit a statement of reasons for appeal within 20 days from the receipt of the record of trial, is apparent in the record, and the petition of appeal does not state the reasons for appeal, nor does it find any reasons for ex officio investigation even if examining the record.

2. Determination

A. Determination 1 on Defendant A’s assertion of mistake of facts in the lower court also asserted this part of the grounds for appeal, and the lower court also explained or explained differently from the actual situation of the land purchaser, possibility of future development and increase in the price of the land subject to purchase, and the actual situation of collateral, etc. in the process of resale, as follows: (i) the J established by the Defendant around November 201, 2013 was merely the capital of KRW 50 million; (ii) the Defendant was liable for the Defendant’s liability exceeding KRW 3 billion only around 2014, when only the down payment was made on the land subject to purchase; (iii) at the same time, J was working in the so-called “real estate planning business” by dividing the said land into the land subject to purchase, and (iv) the land purchaser was under the control of the so-called “real estate planning business” in the process of resale at a price two times the purchase price to the third party.

유사 판례

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