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(영문) 창원지방법원 2014.04.10 2013노1856
사기등
Text

The judgment below

The part against Defendant A, excluding the rejection of an application for compensation order, shall be reversed.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal principles or misapprehending the legal principles as follows, thereby adversely affecting the conclusion of the judgment.

(1) Defendant A agreed to suspend the payment of KRW 120 million for 1/6 shares of the purchase price among the 4,249 square meters of PY, Q river 1,516 square meters, R river 132 square meters, and 16,045 square meters of Cheongyang-do, Chungcheongnam-do, Chungcheongnam-do (hereinafter “real estate, including the instant BE”), between the victim L, etc., and even if not, the said payment is merely a matter of settlement between Defendant A and the victim, etc., and there was no fact that Defendant A by deceiving the victim, thereby obtaining pecuniary gains equivalent to KRW 120 million.

(2) Defendant A, along with the victim J and L, purchased the Z real estate of this case in a normal manner with the land of 3213 m2.6 m2 (hereinafter “instant Z real estate”), and thereafter, Defendant A, following the agreement of the said three parties, only caused a problem of settling interest, etc. or default on obligations between the victim, etc. in the course of receiving loans twice as collateral, and there was no fact that Defendant A, upon deceiving the victim, obtained pecuniary gains equivalent to KRW 86.66 million by deceiving the victim.

B) The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable and unfair. 2) Defendant C’s sentence (five million won of fine) is too unreasonable.

B. The Prosecutor’s sentence against Defendant A by the lower court is too unhued and unreasonable.

2. Determination

A. Determination 1 on Defendant A) When a person who has committed perjury of perjury of judgment voluntarily surrenders himself/herself to a confession or voluntarily surrenders before the judgment or disciplinary action is finalized (Article 153 of the Criminal Act), the punishment shall be mitigated or exempted (Article 157 of the Criminal Act, and Article 157 of the Criminal Act, and Article 157 of the same Act also applies mutatis mutandis to the crime of false accusation (Article 157 of the Criminal Act, and Article 157 of the same Act, and Article 157 of the same Act, and Article 157 of the same Act, which led Defendant A to the perjury of Defendant A, L, and J, are pending at the Busan High Court as

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