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(영문) 서울중앙지방법원 2013.11.14 2013노869
사기미수
Text

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

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) concluded a sales contract with the accused on the ground that the Defendants made a false statement to the complainant that 2 billion won has been provided for acceptance of the entertainment tavern in this case, and concluded a sales contract with the accused, and the Defendants did not prepare a down payment deposit and the contract was extinguished, and the Defendant’s legitimate demand was extinguished, and the contract was not terminated. In light of the above, the Defendants are recognized to have caused enormous damages to the complainant by deceiving the complainant without any intention and ability to operate the entertainment tavern in this case, and by removing all internal facilities after concluding a sales contract.

Nevertheless, the judgment of the court below which acquitted the Defendants on a different premise is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Determination on the grounds for appeal

A. In light of the circumstances set forth in its reasoning, the lower court: (a) decided that the complainant planned to receive the purchase price from the Defendants as money loaned from the Bank as security at the time of concluding the contract with the Defendants; and (b) deceiving the complainant that the Defendants had the ability to pay the purchase price directly.

It is reasonable to deem that the complainant or the complainant does not believe such a request. Since the contract was destroyed due to the refusal of the complainant, the evidence submitted by the prosecutor alone is difficult to readily conclude that the Defendants were to acquire money by deceiving the complainant. Accordingly, each of the Defendants was acquitted.

B. In light of the records, a thorough examination of the evidence of this case, we affirm that the court below's determination of not guilty of the facts charged of this case on the basis of the finding and judgment of facts as above, is just.

The judgment of the court below is examined.

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