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(영문) 대전지방법원 2012.12.06 2010노209 (1)
사기등
Text

All convictions against the defendant among the judgment of the court of first and second instance shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The first instance court found Defendant 1 guilty of the facts of the first instance judgment as to the crime of Q and R. The apartment of this case was purchased through Q and R. The Defendant entered into a lease agreement with the victim H with the delegation of the F. Defendant on the second criminal facts by the owner F. The Defendant, who was the owner of the second criminal facts, entered into a lease agreement with the victim H. The Defendant’s consent to purchase the real estate owned by the victim L, but the Defendant attempted to avoid the building due to the increase in material value and personnel expenses. However, even though the Defendant, who was merely acting as a broker of the lease agreement, did not have any criminal intent to acquire the victims, the lower court erred by misapprehending the legal principles as to the facts of the second instance judgment and thereby adversely affecting the conclusion of the judgment. The lower court erred by misapprehending the legal principles as to the acquisition of the victims of the apartment of this case by mistake or misapprehending the legal principles as to the conclusion of the judgment, which affected the conclusion of the judgment.

3) The sentence of the judgment of the court below on the grounds of unfair sentencing (one year and six months of imprisonment) is too unreasonable and unfair. (b) The prosecutor 1) The judgment of the court below on the second instance, which did not delegate the right to lease to the defendant with respect to the portion not guilty among the judgment of the court below on the mistake of facts in the second instance, despite the credibility of the statement of AI and AB

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