(영문) 대전지방법원 2014.11.13 2014노446 | 리걸엔진

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(영문) 대전지방법원 2014.11.13 2014노446

사기

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All the judgment below is reversed.

Defendants shall be punished by imprisonment for six months.

, however, from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. As to the fraud of the auction deposit, the Defendants are deemed to be the victim of the instant forest 3,787 square meters (hereinafter “the instant forest”).

(2) In the event that a part of the successful bid price for the instant real estate is invested, it was proposed to distribute 50% of the proceeds from the resale of the instant real estate after the successful bid, and the victim paid 1,1740,000 won to the auction deposit on February 8, 2010 according to the above proposal, and there was no deception by deceiving the victim to redeem the amount of the auction deposit in lieu of the auction deposit, and there was no criminal intent by defraudation. 2) In relation to the fraud of the pentan, Defendant B merely borrowed 20,000 won from the victim in order to purchase the pentan-type 7 Dong (hereinafter “the instant pentan-type”) in South Yangyang-ju (hereinafter “the instant pentan-type”), and there was no fact of deceiving the victim by deceiving 20,000 won by deceiving the victim to purchase the pentan-type instead of the pentan-type.

On the other hand, Defendant A and the victim were introduced to the other hand, and there was no fact that Defendant A conspired with Defendant B and acquired 20 million won from the victim.

B. The sentence of unfair sentencing (six months of imprisonment by each defendant) by the court below is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts

In the course of the joint operation of Defendant B, with the knowledge that the forest of this case located immediately in front of the Jpentan-gun, Yan-gun, and four parcels, which was previously operated by Defendant B, was put out of auction, and tried to obtain profits from the resale of the forest at auction (No. 73,74 (Evidence List No. 14) of the Evidence Record, ② The victim from the investigative agency to the court below.

유사 판례

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