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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2014.06.19 2014노16
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is not a deceiving the J to cancel the registration of the establishment of chonsegwon of this case with the understanding of the J, which is an agent of the victim of mistake of facts.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment and one year of suspended sentence) is too unreasonable.

2. Determination

A. In regard to the assertion of mistake of facts, the witness J of the lower court stated that the Defendant’s testimony of the witness J of the lower court is reliable, and that the Defendant’s defense and testimony of the witness of the lower court corresponded to the facts charged, and issued documents necessary for cancellation of the registration of the establishment of the right to lease on a deposit basis upon the request of the lessee to cancel the right to lease on a deposit basis, so that the lessee may not enter due to the registration of the establishment of the right to lease on a deposit basis in Seoul, Seodaemun-gu (hereinafter “instant real estate”), and that the lessee would not have entered the house. In full view of the following circumstances acknowledged by the lower court and the evidence, the lower court affirmed the registration of the establishment of the right to lease on a deposit basis, and issued the documents necessary for cancellation of the registration of the right to lease on a deposit basis upon the request of the tenant to restore the registration of the right to lease on a deposit basis. In so doing, the lower court’s judgment is justifiable.

1) The registration of the creation of the instant chonsegwon was established to secure the Defendant’s obligation to return other building lease deposits to the Defendant I. It was true that another security was not provided at the time of the cancellation of the instant registration. (2) Even if the registration of the establishment of chonsegwon was restored immediately after the lease of the building, the claim for the lease deposit which takes precedence over the right to lease on a deposit basis may be created. However, the J may estimate the amount of the lease deposit by taking into account the market price of the lease at the

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