(영문) 울산지방법원 2017.02.17 2016노1677 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 울산지방법원 2017.02.17 2016노1677

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court rendered a not guilty verdict on the charge of breach of trust against victim D among the facts charged in the instant case, and acquitted the Defendant on the part other than the facts charged in the lower judgment, which the lower court found guilty, on the grounds of the lower judgment.

Accordingly, the defendant appealed against the guilty portion, and the prosecutor also appealed for the reason that the sentencing was unfair only for the guilty portion, so the above acquittal portion was exempted from the object of public defense between the parties.

Therefore, this Court's judgment is limited to the conviction recognized by the court below.

2. Summary of reasons for appeal;

A. Defendant 1) Voluntary misunderstanding of facts

U appropriated the total amount of KRW 30 million to be paid by the Defendant at the time of payment of the obligation owed by the Defendant to the Defendant. As such, the Defendant did not pay the said amount to the Defendant in violation of his duty as a leader.

Although it cannot be seen, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of this part of the charges.

B) The fraud means that the Defendant was unable to pay the fraternity to the victims is due to the fact that the fraternity members failed to pay the fraternity fees, and the Defendant did not receive the fraternity payments from the victims without intent or ability to pay the fraternity fees, and the Defendant did not acquire them by fraud. Therefore, the lower court erred by misapprehending the fact that it was guilty of this part of the facts charged, and thereby affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. Determination

A. 1) Fully considering the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as to the Defendant’s assertion of misunderstanding of facts.

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