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(영문) 수원지방법원 2020.12.11 2020노4122
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that the ownership of the pertinent real estate was not transferred to the victim due to erroneous determination of facts and misapprehension of legal principles, but it was true that the victim knew that the pertinent real estate was currently owned by another person at the time of concluding the contract, but that B was a plan to purchase.

On the contrary, the court below erred by misunderstanding of facts and misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended execution, two years of community service, 120 hours) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the defendant also made the same argument as the above grounds for appeal, and the court below acknowledged that the defendant had obtained the property by deceiving the victim by explaining detailed reasons in the summary of the evidence in the judgment below/ [].

In light of the relevant legal principles and records and the following facts duly adopted and examined by the court below, the above judgment of the court below is just and it is hard to see that there is an error of mistake of facts or misapprehension of legal principles as alleged by the defendant.

Defendant’s assertion of mistake and misapprehension of legal principles is without merit.

1) Although the victim stated that the Defendant should have access to the instant real estate and divided the land, the part concerning the landowner, which is more important matters in the land transaction, is consistently stated. 2) The victim did not make any particular clause even though the Defendant delayed the division and transfer registration of the land, and was doubtful when the Defendant recommended the purchase of the instant land on behalf of Sejong City, but did not respond to Sejong City according to the Defendant.

On the other hand, the defendant filed a complaint against the crime of fraud immediately after Sejong City's land has been seen, which is a certified judicial scrivener after his answer.

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