(영문) 춘천지방법원 강릉지원 2017.07.20 2017노75

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 강릉지원 2017.07.20 2017노75

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

A. The Defendant did not deceiving the victim with respect to his ability to repay or his intent to repay, and the victim was well aware of the financial situation or the status of the Defendant’s debt, and thus, there is no relation between the deception and the victim’s act of disposal of property.

In addition, the defendant paid to the victim some of the amounts entered in the list of crimes in the court below (which appears to refer to 6 to 15 times a year), and the amount that the victim did not receive after lending to the defendant is 40 million won as a whole (the sum of the amount set forth in the list of crimes in the court below and 50 million won as well as the amount that is paid in lieu of G, and the amount that is paid in lieu of G) and is not repaid in accordance with the sequence set forth in the list of crimes in the court below.

B. Even if guilty, the lower court’s punishment (the community service order of two years and eight hours of suspended execution in six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport in the judgment of the court below as to the assertion of misunderstanding of facts and misapprehension of the legal principles. As to this, the court below did not make an amendment to the agreement with regard to each of the loans borrowed from the court below by deceiving the victim, such as the No. 1 to No. 5 of the list of crimes in the court below, and instead did not make a payment.

Based on the judgment of the court, the defendant recognized the crime of fraud.

In full view of the circumstances cited by the lower court and the following circumstances recognized by the evidence duly admitted and investigated by the lower court, the Defendant could sufficiently recognize the fact that the Defendant, as stated in the lower court’s criminal facts, by “influence” the victim and received the “total amount of KRW 47 million” from the victim, and there was a criminal intent to obtain money from the victim.

It is reasonable to view it.

2.2

유사 판례

-춘천지방법원 강릉지원 2017.02.09 2016노538

-서울고등법원 2018.07.03 2018노1025

-서울중앙지방법원 2017.12.15 2017노3503

-수원지방법원 2016.04.29 2016노1423

-서울고등법원 2017.04.19 2016노2704