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(영문) 서울중앙지방법원 2015.07.17 2015노465
사기
Text

Defendant

All appeals filed by B, D, A, E, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (1) misunderstanding of facts has sold the land indicated as “CN” on the temporary partition map among South-si U (hereinafter “U”) to the victim X, and at the time of the on-site response, Defendant B notified the victim X of the forest land corresponding to the above temporary partition map located on the upper part of the said W (hereinafter “W”).

Therefore, the Defendant did not know the location of the land differently from the fact and deceiving the victim X.

(2) The sentence imposed by the lower court on the Defendant (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

B. Defendant D (1) misunderstanding of facts recognizes the fact that the Defendant made an erroneous explanation to the victim T by informing the victim T of the location of the land. However, after the Defendant accurately grasped the location of the land, the Defendant refers to the area in which the said Z (hereinafter “Z”) is located in the vicinity of W at the time of the on-site response, and refers to the area in which the victim AC is located in the vicinity of W, and notified the victim AC of the location of each land.

Therefore, the Defendant did not know the location of the land differently from the fact and deceiving AB and AC of the victim.

(2) The sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

다. 피고인 A (1) 사실오인 피고인은 ㈜CO을 퇴사하고 2006. 7. 초경 ㈜Q로 이직한 뒤 경기 가평군 S(이하 ‘S’이라 한다)의 분양업무를 마치고 곧 퇴사하였는데 당시 회사로부터 S이 곧 용도변경될 예정이라는 말을 전혀 들은바 없고 따라서 피해자 R에게 그러한 취지로 설명한 사실도 없다.

Therefore, the defendant did not deceiving the victim R by stating that land will be changed immediately.

(2) The sentence imposed by the lower court on the Defendant (limited to eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

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