beta
(영문) 서울북부지방법원 2017.12.14 2017노1817

사기

Text

The defendant's appeal is dismissed.

Reasons

Regarding the summary of the grounds for appeal No. 4 of the lower judgment’s judgment, the Defendant was in charge of the management of Ma as the representative director of H at the time of the instant case, and Korea M in M in M in the events hosted by M in M in M Park.

Therefore, there is no fact that the defendant deceivings the victim.

The sentencing (eight months of imprisonment) of the lower court is too unreasonable.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts as to the grounds for appeal, the Defendant may recognize the fact that the Defendant, as stated in the facts constituting the crime in the lower judgment on August 23, 2016, by deceiving the victim and deceiving the victim of KRW 500,000 from the victim.

Therefore, this part of the defendant's argument is without merit.

① The victim, “on August 23, 2016, the Defendant entered into a marina society event with the victim on August 23, 2016, which requires 500,000 won for expenses.” The victim, upon entering into a contract only, will fully pay the victim with the money borrowed from November to December.

The Defendant stated to the effect that he borrowed KRW 400,000,000, and also recognized the fact that he borrowed KRW 500,000 as the expenses for marina society events.

② According to the witness E’s legal statement, E had a talk about the planning of a public performance event held by the Korean Marina society and the contribution of a hand-on, etc., and obtained a business registration certificate from the Defendant. However, E was not an employee belonging to the Marina society but an employee belonging to the Marina society, and not an employee belonging to the Marina society, and the Defendant was unable to enter into a contract with the Marina society because he did not meet the requirements for concluding an event contract with the Marina society, and it was also the fact that he concluded a contract with the Marina society or carried out the event.