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(영문) 수원지방법원 2019.08.16 2019노2869
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not deceiving the victim and did not have the intention of deceiving the victim.

The defendant only mediated G and the victim so that G can transfer the right of vicarious sale to the victim.

Nevertheless, the court below erred by misapprehending the fact that the defendant was guilty.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant argued to the same effect in the lower court.

The lower court rejected the Defendant’s assertion and found the Defendant guilty of the instant facts charged on the grounds of the circumstances indicated in its reasoning, which can be seen through the evidence duly admitted and examined.

On May 31, 2017, the following circumstances revealed through the evidence duly adopted and examined by the court below, that is, the defendant prepared an agreement with the victim on May 31, 2017 that "the defendant transfers the right to sell the above apartment and commercial buildings to the victim the E apartmentF and the above apartment 215 households and commercial buildings on the condition that "the defendant would exercise the right to vicariously sell the apartment and commercial buildings despite the victim's intention or ability to exercise the right to vicariously sell the apartment and commercial buildings," which is consistent with the facts of this case. In full view of the above circumstances, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misconception of the facts alleged by the defendant, which affected the conclusion of the judgment.

B. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record on the assertion of unfair sentencing, the sentence imposed by the lower court appears to have been appropriately determined by fully considering the grounds for sentencing alleged by the Defendant, and no special circumstance exists to change the sentence imposed by the lower court.

3. Conclusion, the Defendant’s appeal is final.

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