(영문) 서울동부지방법원 2021.03.26 2020노1678

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(영문) 서울동부지방법원 2021.03.26 2020노1678

사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. In relation to the fraud of KRW 30 million, the Defendant: (a) was merely liable for civil liability due to the lack of settlement in the process of arranging tree transactions between the victim D and the landscaping company; and (b) did not borrow money from the victim; and (c) did not deceiving the victim.

In relation to the fraud of KRW 20 million, the Defendant obtained permission for disposal from the owner of a probial tree, arranged a sales contract between the victim and H, and had H pay the purchase price to the victim, and did not deceiving the victim.

With respect to KRW 25 million fraud, since interest was paid as promised to the victim, the victim did not deceiving the victim.

B. The sentence sentenced by the court below to the defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of fact 1) 333 million won, there was a fact that the victim and the spouse M of the victim borrowed 333 million won through three times without direct connection with the mediation of tree trade, which is relatively consistent as follows, based on the evidence duly adopted and investigated by the court below.

While there are transaction details consistent with the statement, the Defendant merely arranged for the sale of trees, but the Defendant did not adequately state the specific reasons for the Defendant’s debt owed to the victim, and the Defendant mediated the transaction between the victim and the landscaping company over several occasions from around 2016 to around 2020, about KRW 400 million. Unlike other transactions arranged, the Defendant prepared a loan certificate with respect to KRW 33 million and the Defendant did not change within two years from the time of receiving the money from the injured party. As such, the Defendant again prepared a loan certificate including the above money around April 24, 2019.

유사 판례

-광주지방법원 2018.05.08 2017노3507

-수원지방법원 2015.04.02 2014가단34979

-수원지방법원 2015.10.23 2015노4372

-서울고등법원 2016.01.15 2015노2223

-서울북부지방법원 2016.01.14 2015고정1952