(영문) 서울남부지방법원 2020.06.09 2020노293

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(영문) 서울남부지방법원 2020.06.09 2020노293

사기

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The judgment below

Part 1 of the judgment is reversed.

Of the facts charged in the instant case, the charge of fraud from July to August 8, 2016 is acquitted.

Reasons

1. Summary of grounds for appeal;

A. The actual manager of K Co., Ltd. (hereinafter “K”) with which the Defendant was a representative director is G, and the Defendant was a business employee employed by G.

The Defendant received the original team from the victim according to the direction of G, and transferred it to G, and received the settlement of the original amount from G and paid to the victim.

However, while the defendant was detained in a drinking-driving case, G arbitrarily brought about the original body supplied by the victim while selling it, and the defendant did not pay the original body to the victim, and the defendant did not have the intent to pay the original body to the victim at the time of receiving the original body from the victim as stated in this part of the charges, and there was no intention to obtain unlawful acquisition.

B. Unreasonable sentencing: Imprisonment with prison labor for a crime No. 1 as stated in the judgment of the court below, for a crime No. 2 and No. 3 as stated in the judgment below

2. In the judgment of the court below, the prosecutor applied for changes in the indictment to "(1) of this part of the charges that "it did not pay KRW 225,239,117 among the proceeds so that the equivalent amount of property gains was acquired by failing to pay KRW 225,239,117," and since this court's permission changes the object of the judgment, this part of the judgment of the court below cannot be maintained.

However, despite such reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles as to this part of the facts charged is still subject to the judgment of this court.

3. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles (the first crime in original judgment)

A. The summary of this part of the facts charged is as follows: (a) around July 2016 to August 8, 2016, the Defendant is at the seat of the Co., Ltd. Co., Ltd. Co., Ltd. and (b) the victim D.

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