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(영문) 제주지방법원 2013.05.02 2012노251
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that Defendant A purchased the instant land from K for KRW 180,00 per square year and resells the instant land unregistered, but the Defendants, while hiding such fact, as the seller of the instant land and the Defendants are also participating in the purchase, shall purchase the land at KRW 300,000 per square year, in a false manner, and encourage the victims to know the victims and purchase the land. As such, the judgment of the court below which acquitted the Defendants, is erroneous in the misapprehension of legal principles and misapprehension of legal principles.

2. Generally, in the sale of real estate, who is the seller of the real estate does not legally meaningful influence the buyer's conclusion of the contract or the terms and conditions of the contract, and the purchase price is basically determined in accordance with each party's own decision.

(See Supreme Court Decision 2009Do1979 Decided April 23, 2009, and Supreme Court Decision 84Do2751 Decided May 14, 1985). The victims of the instant case purchased the instant land and completed provisional registration on April 4, 2006, and completed the registration of transfer on June 10, 2010 when four years have passed since the date of the purchase. The actual seller cannot be deemed to have interfered with the victims’ realization of rights under the sales contract, and further, there is insufficient evidence to acknowledge that the victims would not have concluded the sales contract if they were aware of such circumstances.

Therefore, it is difficult to recognize the causal relationship between the deception against who the seller is and the victim's purchase, and this is also the same in relation to whether the defendants participate in the purchase.

Furthermore, the victims who have concluded a contract of sale and purchase are all the victims, including the current state and surrounding market prices of the land of this case.

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