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(영문) 인천지방법원 2016.10.28 2016노2624
사기미수
Text

The judgment of the court below is reversed.

Each public prosecution against the Defendants is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ respective crimes of misapprehension of the legal principles are crimes committed between relatives and subject to victim’s complaint. Since victims have cancelled each complaint against the Defendants at the court below, they constitute grounds for dismissing prosecution under Article 327 subparag. 5 of the Criminal Procedure Act.

B. The sentence imposed by the lower court on the Defendants (Defendant A: a fine of 5 million won, Defendant B: a fine of 10 million won) is too unreasonable.

2. Judgment on the Defendants’ assertion of misapprehension of legal principles

A. The summary of the facts charged against the Defendants: (a) When the husband’s joint principal offender E had a large amount of debt to operate Schlage; (b) on March 21, 2003, the Yeonsu-gu Incheon apartment complex I 4 Dong 1203, the ownership of which was registered under H name, was trusted in the name of the Defendant A; and (c) on July 28, 2011, the Defendant borrowed a loan from the Korea C&C Bank under the name of the victim JJ, i.e., e., the maximum debt amount of KRW 182 million from the said apartment; and (d) the Defendant tried to establish a mortgage claim of KRW 100,000 to the Korea C&C. In collusion with the Defendants on November 21, 2014, the Defendant was merely a trustee of the above apartment complex, and thus, the Plaintiff did not exercise the right to demand reimbursement against the Defendant for reimbursement against the said apartment complex under the name of the victim J. 2, 2014.

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