(영문) 청주지방법원 2015.01.16 2014노1202 | 리걸엔진

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(영문) 청주지방법원 2015.01.16 2014노1202

사기등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1’s assertion of misunderstanding of facts (as to the fraud against Victim I), Defendant purchased from M KRW 40 million from M, Jincheon-gun L land (hereinafter “instant land”).

A) It was true that the victim I reselled the access road in KRW 80 million to the victim I. However, the victim I merely purchased the access road in KRW 80,000,000 based on his own decision that the value would be much higher than that of the access road in the instant land in the future, and there was no deception by the victim I on the ground that the defendant purchased the above land in KRW 80,000,000 from M as stated in the instant facts charged, or obtained the consent of use from the owner of the surrounding land necessary for the establishment of the access road in the instant land. 2) The lower court’s imprisonment (one year of imprisonment) claiming unfair sentencing is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts (as to the fraud against the victim I), the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant agreed to purchase the instant land from M on January 29, 2014 and paid the down payment of KRW 40 million in the name of the purchaser, and then made a sales contract in the name of the purchaser. ② On the same day, the Defendant: (a) concluded a sales contract with the Defendant in the name of the purchaser; (b) after the day, the Defendant: (c) purchased the instant land at KRW 80 million in the name of the Seoul University and the construction company’s regular business in the first time during the period where the victim I was divided into the victim I going through the Knonoby, and had the victim I purchase the instant land at KRW 320 million in the name of the Defendant from the investigative agency to the court of the lower judgment; and (c) the victim I recommended the Defendant to purchase the instant land from the Defendant to the court of the lower judgment.

This land is originally made one million won per square, and the land owner is particularly the land.

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