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(영문) 대구지방법원 2015.09.24 2014노4710

사기등

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the judgment of the court below of first instance), the Chairperson of the Self-Governing Center of D University separately demanded 4 million won in addition to advertising expenses, and the Defendant explained the request of the Chairperson to the members, and obtained the consent of the members as advertising expenses, and actually delivered the difference amount to the Chairperson. The Defendant did not have acquired money by deceiving the victims.

B. The punishment (one million won of fine) imposed by the second instance judgment on the judgment of the lower court (as to the judgment of the second instance) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances, which can be acknowledged by the evidence duly adopted and investigated by the first instance court, i.e., facts and circumstances: (i) G at the time stated that the Defendant consistently concluded an advertisement contract of KRW 8 million with an investigative agency to the original court; (ii) the Defendant was aware of the fact that the actual advertising contract was concluded at KRW 4 million; and (iii) the Defendant himself stated to the effect that the investigative agency did not talk about the specific name of the advertising contract with the autonomous council; and (iv) the Defendant made a statement to the effect that he did not talk about the specific name of the advertising contract with the autonomous council; and (v) it can be sufficiently recognized that the Defendant acquired money of KRW 4 million by deceiving the victims as if the Defendant entered into an advertisement request contract of KRW 8 million as stated in the first instance court’s decision, as if he had been aware of the victim’s member’s agreement, even if the president of the Korea National University Life Association had obtained the Defendant’s consent to the use of the money from the members, such as the Defendant’s autonomous Council members.