beta
(영문) 서울서부지방법원 2018.01.11 2017노1088

사기

Text

The judgment below

Among them, the part on fraud related to the clothing industry (excluding the part on application for compensation order) shall be reversed.

(e).

Reasons

1. Summary of grounds for appeal;

A. In full view of the prosecutor's statements (misunderstanding the facts about the acquittal portion) and part of L's statements, etc., the defendant's deception is recognized in relation to the fraud related to the clothing business, and considering the victim's G investigation agency's statements and I's partial statements, the court below found the defendant's fraud related to the clothing business and the 30 million won fraud related to the victim's G, and found the defendant not guilty.

B. Defendant (1) misunderstanding the fact (guilty guilty of fraud against G) G was in a de facto marital relationship with the Defendant

Although the court below found the defendant guilty of fraud of KRW 7 million against the victim G, there is an error of misunderstanding that the defendant guilty of fraud.

(2) The sentence of the lower court (nine months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. In the trial of the party, the ex officio judgment prosecutor shall make an application for modification of the indictment with regard to the fraud related to the clothing business as follows, and since this court permitted this, the judgment below on this part cannot be maintained.

On October 7, 2013, the Defendant is aware of the Victim D’s D Operation in Mapo-gu Seoul, Seoul, with “L’s birth” to the victim D at a restaurant.

When making an investment in money, a false statement was made that the amount of KRW 10 million per month may be 1 million per month.

However, the defendant had no intent to invest in L's clothes clothes business even if he received money from the victim D, and there was no intention or ability to make the victim D gain a profit of KRW 10 million per month.

Defendant 1, as seen above, received a remittance of KRW 20 million on the same day from the victim D, from that time until March 24, 2014.