(영문) 서울동부지방법원 2020.01.16 2019노1065

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(영문) 서울동부지방법원 2020.01.16 2019노1065

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to facts constituting a crime of mistake of facts and misapprehension of legal principles, the defendant asked the victim to lend KRW 16 million to the victim for the funds to become the head of the H H branch office (hereinafter “H”), and there was no mistake of the victim.

In the case of receiving the profit from the K-B, there was no intention to commit fraud because the plan to repay the profit.

Criminal facts

In relation to paragraph 2, on December 29, 2017, the Defendant borrowed money from the victim for the purpose of investing in H, and was planned to pay the profits.

There is no intention to commit fraud.

B. The sentence of imprisonment (one year of imprisonment) against the Defendant by the lower court is too unreasonable.

2. Determination

A. With respect to the assertion of mistake of facts or misapprehension of legal principles, the victim stated in the court below that the victim provided money to the defendant under the same name as the stated in the facts charged, and that the defendant believed that he would make payment after one month (defendant 1) or two months (defendant 2).

The defendant's statement about the due date also conforms to this part.

With regard to Paragraph 1 of the facts charged, the victim remitted 15 million won to H other than D. In light of the fact that the defendant had received money from the victim under the pretext of aiding D, or that the victim had been accompanied by the defendant to the bank at the time of transfer of the above money, the victim stated in the court of the court below that he borrowed money by hearing the statement of the defendant that he would make repayment to the bank in a short period than the address of the money, and that there is no special personal relationship between the victim and D, the victim's statement is credibility in the victim's statement.

The defendant served as a salesperson of the telecommunication multi-level company since 2000 in the investigative agency, but the company was bankrupt in 2006, and the multi-level company who served again since 2005 is also bound by the executives in 209.

유사 판례

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-대전지방법원 2015.04.09 2014노2232

-수원지방법원 2019.09.20 2019노3471

-서울동부지방법원 2020.02.06 2019노1784