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(영문) 대전지방법원 2019.09.19 2019노727
사기등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by imprisonment for not less than six years and six months.

seizure.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) Although the Defendant was acquitted for the following reasons, the lower court found the Defendant guilty of a series of crimes, on the grounds of erroneous determination of facts and misapprehension of legal principles, the lower court erred by misapprehending the legal doctrine and erroneous determination of facts. (A) As to the case of the 2016 senior group 3723, 2016 senior group 4534, 2017 senior group 2834, Defendant A1, 2017 senior group 45,522 (hereinafter referred to as “R”), which was located in the Sinsan-gun, the Plaintiff acquired the first installation permission from the Kusan-gun Office on December 2, 2008, and thereafter the said charnel was sold in lots under the name of Q and R or R, etc. regardless of the timing of sale. There is no possibility that there is no possibility of distribution or simplification of the container (hereinafter referred to as the “certificate of this case”).

At present, the instant charnel is being operated normally, and there is a person who has installed the remains in the instant charnel. In fact, the property value of the instant charnel certificate is whether it is actually possible to use the said charnel certificate, and it is not an issue as to who is the owner of the buildings or sites of the charnel, and whether the said house is established or not.

(2) Domestic Telecommunication did not have a substantial value of the instant urnment certificate as it sold in excess of the instant charnel house.

Even if the Defendant did not know the legal relationship of the instant charnel building or building site, there was no fact that the Defendant conspired with T, the first permitting authority, and did not know the property status or the status of debt burden. The Defendant cannot be deemed to have committed an act such as selling in lots, even though he knew that there was no value of the instant charnel house.

(3) The Defendant did not take part in deceiving the victim P, Z, AI, I, etc. by deceiving the victim P, Z, and its members.

GI.

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