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(영문) 서울중앙지방법원 2013.03.14 2012노4135
사기
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months, and imprisonment with prison labor for ten months.

, however, the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below acknowledged the fact that Defendant A and the victim conspired with Defendant B did not take part in the deception or fraudulent act by taking full account of the following: (a) Defendant A and the victim conspiredd to purchase the land located in Seodaemun-gu Seoul (hereinafter “instant land”) in the Republic of Korea, the Seodaemun-gu, Seoul (hereinafter “the instant land”) and sought new construction of a new house; (b) Defendant A were aware of Defendant B while purchasing the land located in Seodaemun-gu, Seoul (hereinafter “the instant land”); (c) Defendant B believed the horses of Defendant B and provided services to the KTS Engineering; (d) the first district unit planning plan and the F Development Plan were prepared; and (d) the J and the victim were the same as the Defendant A were affiliated with the Defendant B; and (d) Defendant A and the investigative agency and the lower court made a written statement or written written application; and (e) Defendant B received KRW 25 million from the victim through the Defendant A, and then Defendant B excluded Defendant A and directly received KRW 50 million from the victim on June 22, 2010.

B. The Defendant’s sentence (Defendant A: imprisonment with prison labor for 6 months and Defendant B: imprisonment with prison labor for 10 months) imposed by the lower court on the Defendants is too unreasonable.

2. Determination on the grounds for appeal

A. On June 11, 2010, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court’s determination of the grounds for appeal by Defendant A: (i) the victim E consistently heard in the investigative agency and the lower court’s determination that “it is possible to enter into a contract within 10 days after the conclusion of the consultation with the Republic of Korea B, but it is possible to enter into a land sales contract within 10 days if the agreement with the Defendant was completed at a close meeting of 43 persons required for the procedure, by inserting the amount of KRW 50 million at the end of 43 persons required for the procedure.”

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