(영문) 서울남부지방법원 2019.01.18 2018노252

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(영문) 서울남부지방법원 2019.01.18 2018노252

사기

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The list of crimes committed in the judgment of the court below which found Defendant 1 guilty of mistake of facts (the part concerning the crime) (hereinafter “list of crimes”).

The amount set forth in Nos. 3 through 11 is entirely different from that set forth in Nos. 1 and 2. The amount set forth in Nos. 1 and 2 is re-investmented under the same conditions as the transfer by the victim demanded. However, the amount set forth in Nos. 3 through 11 is not invested but is leased at 4% interest per month by requesting the victim to use it for business expansion purposes. The Defendant continued to pay interest while expanding the business by receiving insurance solicitors from the above loan and providing a division office, and continuously performing the business and paying part of the principal, but the business did not run properly. Accordingly, even with respect to Nos. 3 through 11, there was no criminal intent to acquire money from the victim at the time of receiving money from the victim. 2) The imprisonment (No. 8 and 2 years of suspended execution) sentenced by the lower court is too unreasonable.

B. A prosecutor 1) misunderstanding of facts (not guilty part) appears to have no intention or ability to return the principal and profit to the victim within the already agreed period on March 2013, when the Defendant borrowed money from the victim. Since the victim withdraws KRW 12 million around March 27, 2013, and the victim has credibility in the victim's investigative agency and the court below's statement that the said money was given to the defendant, the court below's determination that the amount of KRW 180 million on March 6, 2013 and KRW 12 million on March 27, 2013 did not have received money with the criminal intent to acquire by deception is erroneous in the misapprehension of facts. 2) The sentence imposed by the court below of unfair sentencing is too unreasonable.

2. Determination

A. The summary of this part of the facts charged in this part of the indictment is as follows.

유사 판례

-창원지방법원 2015.05.27 2015노869

-대구고등법원 2019.05.15 2018노616

-울산지방법원 2019.11.07 2018노1104

-대전고등법원 2014.04.04 2013노396

-수원지방법원 2020.04.02 2020노369