beta
(영문) 대구지방법원 2019.08.30 2019노2054

사기

Text

The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not receive money from the victims under the same name as stated in each of the facts charged of this case, but borrowed money, and as he had the intent and ability to repay it at the time of borrowing, there was no intention to commit the crime of defraudation by the defendant.

Nevertheless, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.

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

2. The lower court rejected the application for compensation by the applicant for compensation, and since the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the lower court’s rejection of the above application for compensation in its judgment is excluded from

A. (1) The relevant legal doctrine is a crime established by deceiving others to acquire property or pecuniary benefits based on defective intent.

Here, deception refers to active and passive acts that have a good faith and good faith to be observed by one another in a property transaction. It is sufficient to say that it does not necessarily require false indication as to the important part of a juristic act, and that it is the basis of judgment for an actor to make a disposition of property which the other party wishes to act by mistake. Thus, in cases where it is acknowledged that the other party to the transaction would not have been engaged in the transaction if it was notified of certain circumstances, a person who receives the property is obligated to notify the other party of such circumstances in advance in accordance with the principle of good faith.

Nevertheless, this notice is not given.