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(영문) 수원지방법원 2018.11.30 2018노1784
사기
Text

The Defendants’ appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendants were unaware of the fact that the instant officetel was changed to an illegal purpose, and even if they were aware of the domestic affairs, they did not have a duty to notify the victims of the fact. Therefore, the Defendants did not deceiving the victims of the crime of deception.

In addition, the victims, even though they were aware that the Officetel of this case was changed to the illegal purpose, received rental proceeds, and there is no relation between the defendants' act, mistake of the victims, and dispositive act.

B. The sentence of the lower court against the illegal Defendants (two years of suspended sentence for each one year of imprisonment, and one hundred and sixty hours of community service) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The summary of the facts charged is D: (a) the 6th floor AX (office) located in Seongbuk-gu Seoul Metropolitan Government (Seoul Metropolitan Government) plus the 263.72 square meters of the 6th floor and the 268.36 square meters of the sports facilities (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 201) changed the use of the 6th floor to the business facilities (offices) of a total of 632.08 square meters on December 26, 201; and (b) the above 6th floor business facilities are 44 divided units of the 44th floor and the 5th apartment (hereinafter referred to as “AY”); (c) the head of the 5th apartment building (the representative of the 6th apartment building) has been illegally sold to the 9th unit of B, and (d) the head of the 1st apartment building and the head of the 1st apartment building management and execution of the 9th office.

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