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(영문) 광주지방법원 2017.06.14 2016노3732

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of facts) (hereinafter “victim”) and the evidence submitted by the prosecutor, including the statement in the court below (hereinafter “victim”) by the victim C (hereinafter “victim”) and the evidence submitted by the prosecutor, the Defendant, despite having no intent or ability to repay the money from the injured party, can fully recognize the fact that the Defendant acquired money by deceiving the injured party by borrowing KRW 10 million from the damaged party to the maximum extent possible if he/she borrowed the money from the high-end supplier.

2. Determination

A. The Defendant was living together or married from around August 2013 to May 2014, 201, the victim’s punishment D and the victim’s imprisonment.

person is a person.

On May 2014, the Defendant: (a) called the victim at an infinite place; and (b) called the victim to pay the amount of KRW 40 million to the high-end supplier; (c) however, (d) the Defendant has to pay the amount of KRW 10 million to the maximum extent possible if he/she lends the amount of KRW 10 million.

2. The term “assumed.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

On May 15, 2014, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the account under the name of the Defendant and acquired it by defrauded.

B. 1) In a criminal trial, the finding of guilt should be based on evidence of probative value that leads a judge to feel true beyond a reasonable doubt. Unless such proof is given, the conviction cannot be determined even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). In addition, in the criminal trial, the appellate court has the character as a follow-up trial even after its appearance, and in light of the spirit of substantial direct trial as provided in the Criminal Procedure Act.