(영문) 서울남부지방법원 2018.10.12 2017노1494

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(영문) 서울남부지방법원 2018.10.12 2017노1494

사기

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds of appeal ① As to the fraud against the victim C by mistake of fact, the defendant borrowed money from the victim to the victim amounting to one million won, not to one.6 million won, and the defendant shall have full payment to the victim.

The victim also knew that the time limit for repayment was not specified, that the defendant's health condition was not good at the time, and that economic power is not good, and that the defendant was unable to repay the borrowed money as a result of his failure to engage in normal economic activities due to administered life, and that the defendant did not have the intent or ability to pay the borrowed money at the time of borrowing.

As to the fraud against the victim F, the defendant borrowed KRW 3,00,00 as stated in the facts charged, but among them, 195,00 won was paid to the victim as if her her fling period was given to the victim. At the time, the defendant and the victim had been well aware of the status of the defendant living in prison or her economic power, etc. on the premise of marriage, and the victim was not accused of the defendant merely lent money to the victim with the intent to assist the defendant. The defendant merely failed to perform a normal economic activity due to administered life, and did not have any intent or ability to repay money at the time of the loan.

Nevertheless, the court below which found all of the charges of this case guilty has erred by misunderstanding facts and affecting the conclusion of the judgment.

② The punishment sentenced by the lower court to the Defendant (2.5 million won) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim C was present at an investigative agency and the court of the court below and 1) himself/herself in the original singing room.

유사 판례

-부산지방법원 2013.06.04 2012노3795

-서울동부지방법원 2014.12.05 2014고정1376

-서울중앙지방법원 2016.12.02 2016노3774

-인천지방법원 2015.10.16 2015노2392

-서울서부지방법원 2014.12.04 2014노969