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(영문) 서울중앙지방법원 2020.02.14 2018노2406

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts: (a) The Defendant stated to the victims that it is necessary to provide a minimum of two billion won (five million won per game machine) or more funds to a casino operating entity, such as the Philippines, etc., to participate in the business of producing and supplying a game machine; and (b) the victims decided to participate in the business by subsidizing expenses; and (c) the Defendant completed the business suspended as stated in the facts charged and will give the principal and profits.

or to pay for the advertisements of subways; or

there is no fact that the credit card company has expressed its intent to pay credit card bills.

② In addition, a list of crimes (1) No. 31.5 million won per annum is paid as school expenses of the Defendant’s children, and the amount of money No. 8 per annum is the expense for the purchase of samples from the Defendant’s children, which was notified in advance to the victims. Therefore, there was no deception as stated in the facts charged.

Nevertheless, the court below's conviction of each charge against the defendant is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant asserted in the lower court that he explained sufficiently to the victims, and that he invested money under his own responsibility or had the victims use a credit card.

According to the evidence duly adopted and examined by the lower court, the lower court explained to the victims that ① the Defendant applied for a basic livelihood recipient immediately after release, and that there was no sufficient economic situation to the maximum national tax in arrears, ② the Defendant asked the victims to provide a short-term financing by explaining to the effect that “the Defendant is able to recover the proceeds from the casino game project that was going in the Republic of Korea at the very end stage,” and ③ the Defendant requested the victims to provide a short-term financing.