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(영문) 창원지방법원 2019.07.10 2019노576
횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. There is an error of law that the court below erred by misunderstanding the fact that the defendant was guilty of this part of the facts charged even though there was no intention or deception of mistake of facts (Fraud) and thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (nine months of imprisonment) is too unreasonable.

2. The Defendant also asserted the same purport as this part of the grounds for appeal in the lower court’s determination of mistake of facts, and the lower court rejected it based on its ruling.

In addition to the following circumstances, the court below's judgment is just and there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.

Therefore, the defendant's assertion of mistake is without merit.

With respect to the transaction of property rights, where it is evident in light of the empirical rule that one party has a duty to notify the other party of the same situation in light of the fact that the other party would not be able to secure any right to the subject matter of the contract in the future by failing to notify the other party of any matters related to such transaction, and without notifying the other party of the fact that the other party would not have entered into the transaction, and where it is evident in view of the empirical rule that the other party would not have entered into the transaction in question if he would have received the notification of such circumstances, the receiver of the property has the duty to notify the other party of the same situation, and

(See Supreme Court Decision 98Do231 delivered on April 14, 1998, etc.). B.

The defendant identified the Haan-gun K building owned by the victim, which is E, and transferred the instant right to interest in the real estate (2018 Godan542, evidence No. 20, evidence No. 20) and E.

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