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(영문) 인천지방법원 2014.12.19 2014노2416
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. Error 1) The Defendant, a co-owned owner of victims, is 893m2.3m2, Nam-gu, Incheon (hereinafter “instant land”).

(G) 6 households newly built on the ground (1, 401, 402, 403, 2, 401, 402, and 403, hereinafter referred to as “six households of this case”).

) When the victims are unable to pay the remainder of the land and taxes of this case due to the lack of sale, the victims are entitled to pay the remainder of the land and taxes of this case after consultation with the victims in advance.

After purchasing officetels on its ground and paying the victims the balance of the land and taxes of this case as the sale price. Accordingly, the Defendant did not deceiving the victims. 2) In the case of the victim E, prior to the disposal of the six generation units of the loan of this case, the Defendant prepared and executed a cash custody certificate by requesting the Defendant to pay in advance 22.5 million won of his share in the loan of this case.

Accordingly, the agreement to settle the land balance, etc. with the sale price of six households of the instant loan was reversed, and the victim E should be deemed to have entirely delegated the Defendant’s power to dispose of the instant loan to six generations.

B. The facts charged in the instant case are premised on the premise that the victims have a security right to six generations of the loan of this case.

However, the Defendant completed the registration of preservation of ownership in the name of the victims with respect to the six generations of the loan of this case due to the Defendant’s acceptance of the construction site of the loan of this case and acceptance of the legal relationship before, and the name of the construction permit of the loan of this case was the victims, not to guarantee the land price for the victims.

In addition, in order to sell six households of the loan of this case, the issuance of a personal seal impression for the sale of the victims must be prior, and since the defendant's obligation to settle is subsequent issues, the defendant's obligation to settle.

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