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(영문) 대전지방법원 2013.07.03 2013노792

사기

Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of all the charges of this case, despite the fact that the defendant borrowed the amount stated in each charges from the victims as the purchase price of agricultural products or land, but it is difficult to see that the victims were unable to repay the borrowed amount due to typhoon damage, etc. and that the defendant was guilty of the above borrowed money at the time of borrowing.

B. The sentence of the court below (one year and six months of imprisonment) against the defendant is too unreasonable in light of all the circumstances, including the fact that the defendant was guilty of an unreasonable sentencing, even if it was agreed with the victim I, and that the defendant's health status is not good.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly examined and adopted by the court below: (a) the Defendant has already suffered significant damage from typhoons around August 2010 at the time of borrowing the money from the victims; and (b) there was no property owned by the Defendant under the name of the Defendant; (c) the Defendant borrowed money from the victims on the ground that the victims would have been able to earn a large amount of profit due to the good operation of the agricultural products store; (c) the Defendant borrowed money from the victims; and (d) the Defendant failed to submit all materials to support the purchase of real agricultural products or purchase of land with each borrowed money; and (e) the Defendant could be sufficiently recognized that the Defendant had received each borrowed money from the victims by deceiving the victims with the intent of receiving the borrowed money from the victims. Therefore, the above argument by the Defendant is without merit.

B. As to the allegation of unfair sentencing, the instant crime would allow the victims to purchase and sell a “agricultural product” without the intent or ability of the Defendant to repay.