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(영문) 전주지방법원 2016.06.16 2015노1201
사기
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In a case where the Defendant, as a factual misunderstanding, purchased 107 units of D Building 107 units (hereinafter “F”) in the name of Jeonjin-gu Seoul Special Metropolitan City Co., Ltd. (hereinafter “F”), which was actually operated by the Defendant, G promised to operate F’s chain from the said real estate, paid KRW 100 million out of the balance of the sales under subparagraph 107 of this case as the lease deposit amount, and the victim company’s unmanned E was well aware of this.

However, since G does not pay any balance after entering into the above promise, it is eventually impossible for F to pay any balance.

In addition, the Defendant received the instant No. 107 and provided sufficient security to the victim.

Therefore, the defendant did not deceiving the victim, and there was no intention to commit the crime by deceiving the 107 head of this case.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant, around November 19, 2012, sold the instant subparagraph 107 by the Victim C Co., Ltd. (hereinafter “C”) to KRW 377,4760,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000 won

A false statement was made to the effect that the Plaintiff would pay KRW 100,000,000,000,000 to KRW 9,9766,00 in the purchase price, and KRW 33,87,824 in total, and KRW 196,287,824 in total, including taxes, etc. under the business contract, within 15 days after the transfer registration, until January 15, 2013, and KRW 51,250,00 in the purchase price.

However, in fact, F's financial standing is weak, and the defendant did not have any special property or profit, so even if the registration of ownership transfer with respect to 107 of this case was made, the above KRW 196,287,824 was not the intention or ability to pay it at the due date.

The Defendant is identical to this.

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