beta
(영문) 서울중앙지방법원 2015.05.28 2014노3317

사기등

Text

The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant

A shall be held.

Reasons

1. Summary of the Defendants’ grounds for appeal

A. Defendant A1) misunderstanding of facts or misunderstanding of legal principles as to ① (Fraud) 1: With respect to victims other than the victim W, they borrowed money with their consent, but did not deceiving them as stated in the facts charged. The Defendant had no intent to commit fraud. The Defendant duly promoted business by international trade practice and commercial contract, but rather, the victims failed to perform their contractual obligations, thereby making an investment only in the contract deposit, etc. issued by the Defendant and suffered losses. In particular, the victim AC case was led by the Defendant without any relationship, and the victim T and S case led the Defendant, and the victim T and B led, and there was no profit for the Defendant. ② On the second judgment of the lower court, the Defendant did not make a false statement: Y was detained by the Defendant; BC was embezzled; BC was punished by imprisonment with prison labor for all; and the Defendant was found guilty of the crime without any reasonable investigation; the lower court’s imprisonment with prison labor for two years and for one year; and the lower court’s average health of the Defendant was too unfair.

B. The part concerning Defendant C1’s mistake of facts or misapprehension of legal principles related to loans is merely believed to be the end of Defendant A and do not actively induce the victim AC.

The victim did not deceiving the victim as stated in the facts charged, such as engaging in a key operation business.

If a portion remitted to a defendant A, a portion irrelevant to the defendant, a portion repaid to the victim, etc. is deducted, there is no profit actually acquired by the defendant.

Specifically, the expenditure portion of the balance sheet Nos. 23, 26, and 49 is the date on which the balance certificate is issued.