(영문) 수원지방법원 2018.12.21 2018노6162 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.12.21 2018노6162

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (one year of imprisonment) is too unreasonable.

B. According to the records of prosecutor 1) misunderstanding the facts (as to the part not guilty of the judgment below), the court below erred in the misapprehension of facts, and found the defendant not guilty of this part of the charges, even though the defendant, as stated in this part of the charges, by deceiving the victim and by causing the victim to cancel the registration of the right to lease of housing

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged [the part not guilty in the judgment of the court below] is the owner of the studio F at the studio (hereinafter “instant building”).

On May 7, 2014, the Defendant entered into a contract to establish a right to lease on a deposit basis with a victim G and 301 of the instant building (hereinafter “studio”) for the lease deposit of KRW 55 million and the contract period from June 21, 2014 to June 20, 2016, and received KRW 55 million from the victims of the lease on a deposit basis at around that time.

The Defendant, despite the expiration of the lease term, was unable to pay the deposit for the lease on a deposit basis to the victim. On August 24, 2016, the victim completed the registration of the lease on a deposit basis for the studio of this case on the ground of KRW 55 million.

On September 29, 2016, at the office of a certified judicial scrivener I located at H on September 17, 2016, the Defendant only 40 million won in the amount to be newly located.

Therefore, 15 million won, which is the remainder of the money, should not be loaned because of the fact that the right of lease of the house was created by the party (victim).

In order to cancel the establishment of the right to lease of housing in the room room of this case, 40 million won shall be received from the revenue of the State, and 15 million won shall be collected from the loan of the loan of the tenant for the lease of the loan of the tenant, and 55 million won shall be collected from the tenant (victim).

유사 판례

-창원지방법원 통영지원 2016.01.28 2015고단967

-의정부지방법원 2018.11.21 2017고단5883 (1)

-창원지방법원 통영지원 2014.11.20 2014고단714

-춘천지방법원 영월지원 2017.11.28 2017고단429

-서울서부지방법원 2018.05.23 2017고합255