beta
(영문) 울산지방법원 2020.05.21 2019노741

사기

Text

The judgment of the court below is reversed.

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are given and received from victims and their wife three local women for overseas business in Cambodia, and 3.5 million won is paid and received as expenses, and the said money was actually used as expenses for sending Cambodia to Korea and for writing in writing. Thus, there was no deceiving the victims.

B. The lower court’s sentence is too heavy.

2. Summary of the facts charged and the judgment of the court below

A. On February 1, 2018, the summary of the facts charged stated in the charge that “The Defendant is aware that there are many persons who are engaged in a company in Asan and engage in food business in Cambodia. In Cambodia, three female employees are assigned from the Cambodia, and three to four days education may be provided for three to four days, and if he/she operates a business to Cambodia, he/she may be punished by a lot of money. The Defendant sent it to the Cambodia. It is necessary to take three round-to-door flight boxes and the expenses he/she receives education from the Republic of Korea to the Republic of Korea, which is KRW 3.5 million.”

However, even if the defendant receives money, he did not have the intention or ability to take three women in Cambodia.

Nevertheless, on February 2, 2018, the Defendant had received 3.5 million won from the Korean bank account under the name of the Defendant, under the pretext of the expenses incurred in carrying out women Cambodia from the victim by deceiving the victim as such and deceiving him.

B. The lower court found the Defendant guilty of the instant facts charged based on the duly adopted evidence.

3. Judgment of the court below

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.

Even if the interests of the defendant are judged, the interests of the defendant.