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(영문) 서울중앙지방법원 2013.11.15 2013노2888
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too unreasonable.

2. The judgment of this case is the case where the defendant did not obtain permission for new apartment construction in E at the original city, without the authority to designate a restaurant at the construction site, and the victim C is entitled to the right to operate the restaurant under the pretext of contract deposit. Although the defendant entered into a provisional contract under the condition of D and construction permit at the time, the construction itself was unclear because it is difficult to obtain the construction permit within 500 meters of the site in question. The fact that the construction itself was an unsatisfy situation; before the crime of this case, I would give I the right to operate the restaurant before the crime of this case, and the victim would be entitled to the right to operate the restaurant again even if 64.5 million won was received, and the above 105 billion won was not satisfied; the defendant was sentenced to imprisonment with prison labor for the above crime of this case; 200 million won in Seoul Central District Court's 1.6 billion won in 200 million won in 200,000 won in 16.7.15 billion won in 3 billion won in Seoul Central District Court.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.

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