(영문) 서울북부지방법원 2013.04.18 2012노1646

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2013.04.18 2012노1646

사기

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

-the applicant for compensation.

Reasons

1. Summary of grounds for appeal;

A. (1) misunderstanding of facts) The defendant had a pension certificate, so the victim D was able to operate the defendant's private stay with the defendant's pension certificate, but did not deceiving the defendant to change the purpose of use to the youth hostel.

(2) Paragraph (3) of the acceptance contract provides that the part which is null and void if it is impossible to carry out in the event of failure to obtain a license (e.g., null and void if it is impossible to carry out) shall have no effect on the Defendant’s signature, and the remainder shall be signed by the victim if it is intended to show it to I, and the victim shall be signed without any big meaning.

(3) The victim was aware of the terms of the lease agreement, and even according to the lease agreement, he could engage in accommodation business that includes the type of meals, and thus did not deceiving the victim.

(4) The Defendant did not deceiving the victim that he was unable to obtain permission because he was not equipped with the facility due to his own circumstances.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. The Defendant in the facts charged of the instant case operated “F” (hereinafter “instant private stay”) from Austria L (No. 1) and K (No. 2). The change of use under the lease agreement is not allowed. The Defendant did not have the intent or ability to cause the change of use to the youth hostel even if the Defendant received F due to the lack of a license to operate the youth hostel.

However, around May 4, 2009, the victim made a false statement to the effect that "When acquiring F due to the fact that the operator's license for the youth hostel exists, the victim will be responsible and F will be changed to the youth hostel." On the same day from the victim, he received KRW 50 million from the victim to the foreign exchange bank account in the name of H on the same day, and received KRW 150 million from the same account around June 17, 2009 and received KRW 100 million in total from the same account.

3. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court and the first instance court.

유사 판례

-서울북부지방법원 2012.12.12 2011고단2722

-수원지방법원 2019.02.12 2017가합26266

-서울중앙지방법원 2019.05.03 2018노2523

-서울서부지방법원 2014.06.18 2013고단394

-서울고등법원 2016.12.06 2016노2652