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(영문) 울산지방법원 2015.10.16 2014노732
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Since the misunderstanding of facts could normally operate bread in the store of this case, the Defendant did not deceiving the victim as stated in the facts constituting the crime in the lower judgment. 2) The lower court’s sentence of unreasonable sentencing (fine 5,000,000) is too unreasonable.

B. Prosecutor 1) In the facts charged in the instant case of mistake of facts and misapprehension of legal principles, the lower court found the Defendant guilty of deceiving the victim to the effect that “I will transfer the instant store to the victim by taking advantage of a private-friendly relationship between the Defendant’s husband and the president of the Nonghyup Cooperative,” but acquitted the Defendant by misapprehending the legal doctrine, and thereby, acquitted the Defendant by misapprehending the legal doctrine. 2) The lower court’s punishment (fine 5,000,000) of the lower court’s unreasonable sentencing (fine 2)

2. Determination

A. The prosecutor changed the indictment at the trial of the case, while maintaining the part of the charge that the defendant acquired money from the victim by disregarding the breakdown of the breabbb in the case as the primary charge, as seen in Section 1(d) as seen in Section 1(d) below, the court permitted the amendment of the indictment. However, despite the above amendment of the indictment, the defendant's assertion of mistake of facts and the prosecutor's misapprehension of the legal principles as to the primary charge of this case are still subject to the judgment of the court of this case. (B) The judgment of the court of fraud as a requirement for the judgment of the court of this case refers to all affirmative or passive acts that are widely used in property transaction, and therefore, the deception refers to all affirmative or passive acts that cause the other party to neglect the trust and good faith that should be observed in relation to the important part of the juristic act, and thereby making the other party omit the indictment.

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