(영문) 전주지방법원 2018.04.06 2017노1254 | 리걸엔진

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(영문) 전주지방법원 2018.04.06 2017노1254

사기

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of legal principles and misapprehension of legal principles (1) actual part of number fraud (A) operated the system together with the Defendant as a joint owner.

(B) Since the victim was well aware of the defendant's financial condition or ability to repay in the course of lending and collecting money to the defendant, the defendant deceivings the victim about his/her financial condition or ability to repay his/her debts, or thereby, he/she paid the payment in error.

shall not be deemed to exist.

(2) In fact, K and E engaged in the leading role of the gold accounts, and only recruited victims as members, and the Defendant did not commit any deceitful act against the victims.

(B) The victims only paid K a total of KRW 1.53 million to K, and the Defendant did not receive the said money from K.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court’s judgment acknowledged that, even if the Defendant was unable to pay his/her accounts, and the Defendant did not have the intent or ability to pay the accounts to the victim, it can be recognized that the Defendant received the accounts from the injured party with the concealment of such intent or ability.

The decision was determined.

(A) The Defendant: (a) as the subject of the instant number system, entered three accounts in the number system; and (b) the Defendant had to pay in KRW 300,000 per month, and the Defendant had to pay in KRW 3 million each month the fraternity L, M, and P; and (c) thus, the Defendant had to pay in full or in part of the fraternitys on behalf of him.

(B) The Defendant did not have a good credit at the time of commencing the instant number system, and due to the project, a large amount of credit.

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