beta
(영문) 수원지방법원 2016.01.27 2015노6953

사기

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not borrow KRW 140 million from the injured party, but received money from the injured party.

Therefore, the defendant did not deceiving the victim as stated in the decision of the court below.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case was on March 201, 201, the Defendant: (a) performed a job in the Rab Kafbook, “E,” which is operated by friendly D in Ansan-si, A; (b) around August 201, the Defendant was running the Kaf; (c) the victim F was frequently a customer of the said Kaf; and (d) the Defendant was in close relation to the Defendant.

The Defendant, around August 201, at the above LBC, had the mind to take over the above car page from D and demanded that the Defendant take over the car page from D, including the amount of KRW 120 million investment and the amount of KRW 20 million investment, which includes the amount of KRW 20 million and the amount of KRW 20 million.

The loan of KRW 100,000,000 shall be paid immediately, if any.

“A false representation was made.”

However, the defendant did not intend to repay the above borrowed money by abusing the close relationship with the victim even if he received profits from the lending of money from the victim.

Nevertheless, the defendant deceiving the victim as such, and under the name of the victim, the defendant will take over the car page from the victim.

9.1. Around January 1, 200 won was transferred to a national bank account in the name of D; KRW 15 million was transferred to a new bank account in the name of G on or around the 16th day of the same month; KRW 50 million was transferred to the said new bank account on or around the 21st day of the same month; and KRW 70 million was transferred to the said new bank account on or around the 29th day of the same month, respectively.

B. The lower court found the Defendant guilty of the facts charged by comprehensively taking account of each of the evidence in its judgment.

(c)

the defendant. ....