beta
(영문) 창원지방법원 2013.04.18 2012노2388

사기

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. When the Defendant borrowed money from the victims, i.e., legal principles or mistake of facts, the Defendant subscribed to the 10 million won number system, and 5 million won each, and continued to pay the money without any delay once, and (ii) was planned to waive the 15 million won amount from April 201; (iii) the Defendant could not escape from the payment of money on April 201 because some of the members failed to pay the money, and (iv) the Defendant was unaware of the fact that he was unaware of the money at the time of borrowing the money from the victims from the end of 2010 to the beginning of 2011, and was unaware of the fact that the Defendant did not have any influence on the Defendant’s promise to receive construction cost as completed by the apartment landscape construction, and was unaware of the fact that he was unaware of the money from the victims at the time of borrowing the money due to the change of circumstances that the Defendant did not have any influence on the Defendant’s promise to use the money from the date of borrowing the money.

B. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. Determination

A. (1) As to the assertion of mistake of facts or misapprehension of legal principles, the criminal intent of defraudation, which is a subjective element of fraud, is the defendant.