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(영문) 광주고등법원 2015.01.29 2014노181
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

Defendant

Since the defendant has sold 105.3 square meters (32 square meters) and 100.4 square meters (30 square meters) including the area for exclusive use, balcony area, and the area for public use in fact, there is no fact that the victims have concealed the area.

However, although the contract for sale in lots includes the exclusive area and the balcony area, it is merely a simple number of floors, and there is no intention to deceive the victims.

The defendant did not directly conclude the above contract with the victims Nos. 1, 4, and 15 of the annexed crime sight table, but rather entered into the contract with AT as its employee. Thus, the defendant did not deceiving the victims.

Attached Form

The apartment buildings mentioned in Nos. 1, 4, 5, 12, 14, 16, and 19 are all paid by the defendant to the construction business operator of the apartment of this case in lieu of the payment of the construction cost. The victims have purchased the apartment of this case from the above construction business operator. Thus, the defendant did not enter into a contract for the sale of the apartment of this case with the above victims, and there is no deception of the above victims.

Since the Defendant prepared a sales contract between the victims listed in the annexed Table 12, Nos. 14, 19, and 20, the contract was not prepared at the time of the sales contract, the Defendant did not deceiving the victims by using the sales contract in which the area was wrong.

Attached Form

The victims mentioned above Nos. 12, 14, 16, and 19 of the crime sight table entered into a sales contract after the preservation registration for the apartment of this case was completed. Thus, there is no causation between the defendant's deception and the disposal of the victims.

The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

The defendant of a mistake of facts (not guilty portion of the original judgment) shall be prepared by entering into a contract with the victims.

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