beta
(영문) 서울남부지방법원 2020.08.20 2019노913

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is sufficiently recognized that the defendant acquired each money from the complainant under the pretext of discount and borrowing of bills in light of the contents of the statement made by the accused in an investigative agency of mistake of facts, the contents of the statement made in the investigative agency B and the court of original instance and the account details submitted by the complainants.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and two years of suspended sentence) is too uneased and unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below did not clearly state in the court below as to whether the complainant ordered 6,900 Won to the defendant's side and paid the advance payment to 00,000 won after deducting about 400,000 won from the face value of the bill issued by the defendant company and making it possible for the complainant to explain the following circumstances. < Amended by Presidential Decree No. 17517, Mar. 2, 2002; Presidential Decree No. 17565, Feb. 1, 2002; Presidential Decree No. 17588, Feb. 3, 2004>