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(영문) 전주지방법원 2016.09.08 2016노217
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts E and the victim have operated the building leasing business of this case by forming the association (hereinafter referred to as the "association of this case"), and the above association granted its members the right to receive monthly taxes on specific housing units among the building of this case by means of profit distribution, and accordingly E and the victim received monthly taxes from each of the building of this case. Thus, if a specific partner cannot receive monthly taxes due to the termination of a lease agreement with respect to a specific housing unit among the building of this case, the association of this case should pay compensation equivalent to the monthly rent of the relevant housing unit to the relevant member and extinguish the right to receive monthly taxes.

Therefore, the Defendant, who manages the instant building, filed a claim with the victim for KRW 3,50,00,000,00,000,000,000,000,000 won (i.e., KRW 1,550,000,000,000,000,000,000,0000,000,0000,000,000,0000,000,000,0000,000,0000,000,0000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000))

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below also held that the defendant made the same assertion in the court below, and as alleged by the defendant, the court below divided the monthly rent of the existing other stores into co-owners in the case where a store becomes vacant and no monthly rent is paid, as alleged by the defendant.

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