(영문) 수원지방법원 2018.05.17 2017노9678 | 리걸엔진

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(영문) 수원지방법원 2018.05.17 2017노9678

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. 1) The Defendant did not borrow money related to the above crime from the victim D, No. 1 and No. 18 in the sight table 1, a crime committed against the victim D

B) Of the crime sight table 1, the pertinent money Nos. 3, 4, and 10 related to the instant money was paid by the victim D to the mother of the Defendant and the victim G, and is not borrowed by the Defendant.

C) Of the crime sight table 1, the Defendant borrowed 2 million won from K to live together with the victim G. At the time, the Defendant did not have a passbook due to bad credit standing and received KRW 2 million by using the victim D’s passbook on October 11, 2016.

On the same day, the victim D paid 1.5 million won to the Defendant in cash (No. 60,000 won a year), and transferred 8.60,000 won, plus 3.60,000 won to the lessor, “L” (No. 7). Therefore, this part of money is not borrowed from the victim D.

2) The crime Nos. 1 through 6 of the annual list of crimes related to the fraud against the victim G is recognized, but the sum of the amounts set forth in Nos. 7 through 13 per year is KRW 4,170,000,000 paid by the Defendant to the victim G as part of the 6.810,000 won paid by the Defendant to the victim G, which is not borrowed from the victim G, should be excluded from the amount of

B. The sentence of the lower court (one year and six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following circumstances, which are acknowledged by the records of this case relating to the crime No. 1 in the crime list No. 1 among the crimes committed against the victim D, namely, ① With respect to this part of the crime, the victim loaned money to the Defendant with the belief that “the Defendant will lend KRW 200,000 to the Defendant’s construction site located in Pakistan at the time of strike,” from the beginning of the investigation to the court of the original trial.

유사 판례

-부산지방법원 2017.02.13 2016노2736

-광주고등법원 (전주) 2018.10.05 2018노64

-서울중앙지방법원 2018.10.05 2018노1126

-대구지방법원 2017.09.22 2017노2028

-서울고등법원 2018.05.09 2017노3668