(영문) 부산지방법원 2016.02.18 2015노3274 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.02.18 2015노3274

사기

Text

The judgment of the court below is reversed.

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

An applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s fraud against Defendant D, the Defendant borrowed KRW 5 million from the injured party on February 29, 2012, KRW 13 million on March 13, 2012, and the remainder of the borrowed money was merely lent by the Defendant to take over F, and the Defendant had already taken over F.

There is no fact that there was no statement.

As to the fraud against the victim G, it is true that the defendant borrowed 8 million won from the damaged party to borrow 8 million won from the injured party, but the defendant had the intention or ability to change, and actually repaid part of the above, it is not a crime of fraud.

As to the fraud against the victim J, the defendant is not guilty of fraud since he/she had been engaged in the business of taking over the center, and there was no intention of deception.

2) Even if the sentencing is not unfair, the lower court’s sentencing (one year of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination

A. Considering the difference between the method of evaluating the credibility of the first instance court and the appellate court in accordance with the spirit of substantial direct deliberation adopted by the Criminal Procedure Act regarding the Defendant’s assertion of mistake of facts, the first instance court’s judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined by the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings at the appellate court, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (see Supreme Court Decision 2009Da1548, Jan. 30, 2009).

유사 판례

-청주지방법원 2016.01.14 2015노912

-서울동부지방법원 2018.05.17 2017노1818

-수원지방법원 2018.10.25 2018노2211

-서울동부지방법원 2018.06.07 2017노1863

-서울중앙지방법원 2017.06.16 2017노4