(영문) 서울북부지방법원 2018.12.06 2018노1334

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(영문) 서울북부지방법원 2018.12.06 2018노1334

사기

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) is to help the Defendant to vote C with his best effort.

There is nothing to mention the commitment or reference in connection with the Commonwealth.

At the time of the loan of this case, it was known that the defendant was in an economically difficult situation, and the defendant requested C to make an investment.

The defendant concluded a musical license agreement and carried out a Please agreement, and made a significant preparation for performance. It is not a loan of money without intention and ability to repay.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The prosecutor (unlawful in sentencing) of the lower court’s sentence (two years of imprisonment) is too unhued and unreasonable.

2. The summary of the facts charged of the instant case [Dissenting Facts] The Defendant got the victim C, who was preparing for a election campaign of a member of the National Assembly in the area B in South Korea, in 2012, to have the victim C, who was well aware of the fact, obtained money by means of borrowing money.

[Criminal Facts]

A. On June 2, 2011, the Defendant was guilty of KRW 100 million on June 2, 201, at the victim C’s office located in Seongdong-gu Seoul, Seongdong-gu, Seoul around June 2, 2011, the Defendant may assist the victim to obtain a candidate for the National Assembly members.

In addition, the phrase “a loan of KRW 300 million necessary for the new performance-related business” was false.

However, there was no particular property or income on the part of the Defendant, and the performance-related company managed by the Defendant did not have the intent or ability to import new works due to the lack of financial circumstances, such as default of about KRW 1.2 billion of corporate tax, and there was no intention to exercise the authority or influence to obtain a candidate for a National Assembly member. Therefore, even if the Defendant borrowed money, the Defendant did not have the intent or ability to repay

The defendant shall be KRW 100,000 on the same day from the injured party.

유사 판례

-서울북부지방법원 2018.07.19 2017고단3439

-서울북부지방법원 2018.7.19.선고 2017고단3439 판결

-대구지방법원 포항지원 2012.07.30 2012고합77

-대구지방법원 서부지원 2018.09.20 2018고합150

-수원지방법원 2016.12.08 2016고합506