(영문) 서울동부지방법원 2020.10.22 2020노658

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(영문) 서울동부지방법원 2020.10.22 2020노658

사기

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The prosecutor's appeal is dismissed.

Reasons

1. In light of the following reasons, the lower court found the Defendant not guilty of the facts charged of this case, which erred by misapprehending the facts.

Defendant

A’s fraud part 1) Defendant A used the amount of KRW 240 million received from the victim as a debt repayment to his creditors, not as an investment in G. 2) at the time of Defendant A’s offering of real estate equivalent to KRW 650 million at the market price. However, the above real estate was not highly valuable in establishing senior collateral security, and taking into account obligations owed to other debtors than the victim, Defendant A was in excess of its obligation.

3) If Defendant A received KRW 240 million from G, the Defendant did not have any reason to complete the investment in G, and the Defendant does not have any reason to pay it to the victim. However, Defendant A may assert that he/she paid it to the victim, and Defendant A may assert that he/she paid only KRW 150 million to the victim, and that he/she agreed with the victim, it is difficult to view it as an investment amount. 4) The victim consistently lent the funds to Defendant A, and the victim and Defendant A may have consistently traded money without using a loan certificate between the parties.

B. Defendant B’s dispute 1) There is no reason to conclude an agreement with the victim to reduce the amount of KRW 250,000,000 to KRW 150,000,000 without any reason. 2) The victim is highly likely to file a complaint after retirement because the receipt of the petition, etc. by a police officer increases the problem.

2. In full view of the circumstances acknowledged by the evidence duly admitted and investigated, the lower court: (a) based on the evidence submitted by the prosecutor, by deceiving the victim and deceiving the victim of KRW 250 million; and (b) obtained by deceiving the victim.

The fact that Defendant B’s threat of the victim was proved to the extent that there is no reasonable doubt that the victim would be 100 million won.

유사 판례

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-서울동부지방법원 2017.10.24 2017고단2492

-서울고등법원 2014.11.14 2014노1848

-서울중앙지방법원 2013.04.25 2012노4244

-서울고등법원 2016.06.02 2015나252