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(영문) 서울중앙지방법원 2013.07.26 2013노1437
사기등
Text

All appeals filed by prosecutors and Defendant A shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and C entered into a sales contract with Defendant A on July 19, 2010 with respect to the instant real estate share on the following occasions: (a) 114/248 square meters of H road 284 square meters; (b) 1,666/4 square meters of I forest and 4,64 square meters of forest; (c) 363/907 square meters of J road 907 square meters of land (hereinafter collectively referred to as “instant real estate” in the case of the entire term of each of the above land; and (d) referring to each of the above shares corresponding to the contingent remuneration; and (e) entered into a sales contract with Defendant A on March 5, 201 with Defendant A for the instant real estate share ownership transfer on the same year.

5.4. On the 24th of the same month, the O, a co-owner of the instant real estate, filed a complaint by fraud, etc. on the 24th of the same month in order to obtain a decision of provisional disposition prohibiting the transfer of ownership as the right to claim the transfer of ownership from the women's branch court of Suwon District Court.

6. On June 23, 2012, Defendant B and C filed a lawsuit on July 18, 201, in light of the fact that the agreement in the name of L was forged (a civil history, hereinafter “instant agreement”) upon investigation conducted by the Song Police Station, and that Defendant B and C had been aware of the forgery of the instant agreement, and that Defendant B and C were not aware of the forgery of the instant agreement, the lower court erred by misapprehending the facts and acquitted the said Defendants.

B. The punishment sentenced by the lower court (two months of imprisonment) is too unreasonable.

2. Whether Defendant B and C alleged as grounds for appeal the Prosecutor’s assertion of mistake of facts had filed a lawsuit on the merits with dolusor or with awareness that the instant agreement was forged or not, the lower court also dealt with the major issues at the lower court. The lower court determined on June 3, 201.

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