(영문) 서울중앙지방법원 2018.05.11 2017노3949

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(영문) 서울중앙지방법원 2018.05.11 2017노3949

사기

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding the fact that the Defendant committed fraud against the victim I did not say that the Defendant could supply the victim 5-10 tons to maintain 5-10 tons, and thus, the Defendant did not commit the deception. Since swine, the subcontractor, supplied pigs to the BM of the “M” company with the money paid by the victim, and the amount of the said M was small in the amount of the maintenance of the said M’s production, the Defendant did not have the intent to commit fraud, and the Defendant used the money received from the victim to purchase and supply pigs, there is no money obtained by deception.

B) Since the Defendant was only aware of the Defendant’s fraud about the victim Y, there was no participation in this part of the crime, and there was no conspiracy with O, P, etc.

2) The sentence of the lower court (two years and six months of imprisonment) that was unfair in sentencing is too unreasonable.

B. Defendant B (1) In fact, the Defendant did not know that O merely arranged for the victim Y to borrow money from the victim Y, and did not know that at the time of borrowing money from the victim, the Defendant could not establish a valid mortgage on the Dong-gu Seoul Metropolitan City Wing-gu 2729m2 (hereinafter “instant real estate”).

Therefore, the Defendant did not participate in this part of the crime, nor did he conspired with the O, P, etc.

2) The sentence of the lower court (one year of imprisonment, two years of suspended execution, and 240 hours of community service) that was unfair in sentencing is too unreasonable.

2. Determination

A. The part concerning Defendant A’s mistake of fraud with Defendant A’s victim I 1) The Defendant also asserted that there is no intention to commit deception or fraud in the lower court. The lower court found Defendant guilty of the facts charged on the ground of the evidence indicated in its holding.

2) According to the evidence duly adopted and examined by the lower court, the following circumstances can be acknowledged.

A) The Defendant.

유사 판례

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