beta
(영문) 서울북부지방법원 2017.09.21 2017노1000

사기

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (1) as indicated in the judgment below, the amount that the injured person paid to the Defendant (50 million won) as set forth in No. 8 of the crime list No. 8 as indicated in the judgment below was paid by the injured party as the investment in the singinging business, and only the injured party was unable to recover the investment because its operation profits have not occurred.

(2) The money that the injured party paid to the Defendant (total of KRW 97 million) as stated in the judgment of the court below, as set forth in Nos. 9 through 13, and 30 of the crime list, was paid to the Defendant for waiting for the operation of a singing room. The injured party was merely a burden of operating funds that the injured party should originally bear as an investor interest holder of a singing room.

(3) As such, the judgment of the court below that found the defendant guilty of all the facts charged is erroneous by misunderstanding the facts and adversely affecting the conclusion of the judgment, although the defendant could not be recognized by deception of the victim in the course of investing business funds and bearing operating funds.

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

2. Prior to the judgment on the grounds for appeal by the defendant's authority, the prosecutor shall delete all the previous methods of crime in paragraph 8 of the crime list attached to the facts charged in the trial at the court. This part of the crime list is changed to "defacation of money under the name of investment money by means of false words, "It does not interfere with the finding of last 50,000 won and deposit amount amounts to KRW 70,000,000,000,000,000 won is more than 50,000,000 won, and it does not interfere with the finding of last 50,000,000 won."