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(영문) 부산지방법원 2013.04.05 2012노2453
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, while mediating the sale and purchase of the instant land to the victim, who is the buyer of the instant land, told himself of the fact that he was the seller C’s son’s son, and the victim did not deception the victim by purchasing the land at a price lower than the market price at the time, considering future investment values.

B. The sentence of the lower court on the Defendant’s sentence of unreasonable sentencing (two years of suspended sentence for one year of imprisonment and two hours of community service order 240 hours) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The court below accepted the defendant's assertion that there was no deception related to land transaction permission as to this part of the facts charged and the summary of the facts charged by the court below, and stated the facts charged by revising the facts charged as follows. Since the defendant and the prosecutor do not dispute the above judgment of the court below, the court below is also judged on the basis of the facts charged below acknowledged by the court below.

1. On January 19, 2008, the Defendant of this part of the facts charged is the Defendant: (a) around January 19, 2008, at a restaurant located in the non-fluorial Dong of Gangseo-gu Busan Metropolitan Government, the victim D, “C,” and (b) the Busan Gangseo-gu, Busan, E-be,

Since there are a lot of land values in the future, C's interest can be seen as a large amount of profit from leaving the above real estate.

If the buyer resides in Busan for not less than one year, the registration of transfer is possible, and one year has passed after the transfer of his resident registration to Busan, the registration of transfer will be made.

"C's wife F and the victim who made a false representation in C shall enter into a real estate sales contract with the purchase price of KRW 82 million for the above real estate, and the Defendant, as a licensed real estate agent, was acting as a broker to broker the above real estate sales contract.

However, the fact is that the above real estate is deep-speed and deep-speed.

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