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(영문) 서울북부지방법원 2019.05.10 2019노83

사기미수

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (ten months of imprisonment and two years of suspended execution) against Defendant A is too unreasonable.

B. Defendant B 1 misunderstanding of facts and misapprehension of legal principles

A. Five copies of promissory notes issued by the Defendants as stated in the facts constituting the crime of the lower judgment (hereinafter “instant notes”) are intended for the return of golf membership membership delivered by C Co., Ltd. to Defendant B for checks, and are issued without connection to the cause.

In addition, the above bill has expired after the lapse of three years from August 17, 2012, which was the date of issuance, due to the expiration of the statute of limitations.

Therefore, the defendants' actions requesting a nullification judgment cannot be deemed to constitute the commencement of the crime of fraud.

B. Defendant B only paid the expense without knowledge of the specific requirements, etc. in response to Defendant A’s proposal that the request for judgment of nullification was made on the instant bill.

The loan of the above golf course membership as security was made in M M, regardless of the will of Defendant B, and Defendant B did not have any intention to receive the loan as security.

Therefore, the defendant did not have any intention to commit fraud.

2) The lower court’s punishment on Defendant B of unreasonable sentencing (ten months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination on the grounds for appeal

A. The lower court’s determination (1) on the assertion of mistake of facts and misapprehension of legal principles regarding Defendant B’s assertion of mistake of facts and misapprehension of legal principles, (1) the lower court held that ① the purpose of delivering the instant bill to Defendant C Co., Ltd. is to secure the return of golf membership granted from C Co., Ltd.; ② the above golf membership was offered as security; ③ Defendant B agreed to recover the instant bill while transferring it to Defendant A; and the said bill continues to exist.