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(영문) 인천지방법원 2016.04.07 2015노3161
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine that convicted Defendant C of the facts charged, even though the act of Defendant C, unless the lease itself does not constitute a crime of fraud because it did not cause any damage to any financial institution and any lessee, did not constitute a crime of fraud, on the ground that the act of Defendant C did not constitute a crime of fraud.

B. The punishment sentenced by the lower court to the Defendants (defendant C: 10 months of imprisonment; 2 years of probation; 160 hours of community service; and 2 million won of fine) is too unreasonable.

2. As to Defendant C’s assertion of mistake of facts

A. The summary of the facts charged 1) A related to the lessor A was the owner under 1203, Nam-gu, Incheon Metropolitan City I203, and was loaned KRW 1250 million from the Saemaeul Community Credit Cooperative on September 9, 201, with the loan of KRW 125 million from the above lending on the same day to the above lending, and established a maximum amount of KRW 162.5 million on the same day to the above lending, and established a collateral security obligation of KRW 162.5 million on the market price. Upon the repayment of the loan interest, upon the repayment of the loan interest, the lessor C requested the Defendant C, who had arranged real estate through registration without registration, to dispose of the lending.

Defendant

C It is expected that A enter into a lease agreement corresponding to a small amount of rent deposit with the above loan and then dispose of the real estate in excess of the auction.

It is suggested that A can reside in the above loan during the term of the contract because A has paid a normal loan interest to the lessee.

From the end, the tenant made a false statement of the lease deposit, and the tenant made a public offering to divide it.

A shall operate A on May 29, 2012 at the Nam-gu Incheon Metropolitan City J around 2012.

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