beta
(영문) 의정부지방법원 2017.10.31 2017노2421

사기

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, such as the prosecutor 1) misunderstanding of legal principles or the victim’s statement, etc., the court below found the Defendant not guilty of this part of the facts charged, even though it acknowledged the Defendant, by deceiving the Defendant to return the principal of the investment without any intention or ability to return the principal of the investment, and by remitting KRW 5 million from the injured party on March 28, 2016.

2) The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unhued and unreasonable.

B. The judgment of the court below is unfair because the punishment of the defendant is too large (the defendant claims this after the lapse of the period for appeal, and thus, does not fall under legitimate grounds for appeal, but is the subject of the judgment of the court of this Court by selecting it to urge the exercise of authority). 2.

A. Judgment on the Prosecutor’s misunderstanding of the legal doctrine or misunderstanding of facts 1) The summary of this part of the facts charged is as follows: (a) on March 27, 2016, the Defendant made an investment in the Victim C’s house located in Seocheon-gu, Nowon-gu, Seoul, Seoul, with the victim “5 million won.”

At this time, 100,000 won will be provided every day with mixed game.

The principal of the investment made a false statement to the effect that the investment will be returned only at any time.

However, even if the defendant received a private bridge game cost from the injured party, the defendant predicted the game result in advance and did not have the intent or ability to reduce the profit to the injured party, and did not have the ability or intent to return the principal to the injured party because there was no fixed income or property at the time.

Nevertheless, the defendant deceiving the victim as above and stated in the bill of indictment on March 28, 2016 as " March 25, 2016." However, the defendant seems to be a clerical error.

The defendant was remitted to the national bank account of the defendant in the amount of five million won.

2) According to the evidence adopted and examined by the lower court, the lower court determined that the Defendant around March 27, 2016.