(영문) 수원지방법원 2013.08.14 2013노2724 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 수원지방법원 2013.08.14 2013노2724

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not intend to obtain the instant money from the victim at the time of borrowing it, the lower court erred by misapprehending the fact that the Defendant recognized the instant fraud.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to each evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the court below found that the defendant, around April 2007, recommended the victim to make an investment in the machinery business that the victim himself/herself runs, but the victim was refused at the time of the investigation, and that the defendant, around May 2007, lent money to the victim as he/she was urgently required to pay money through the defendant's wife, and the defendant's mother remitted money of KRW 58,730,00 to E head of Tong. The victim transferred money to the victim. ③ The defendant was the bank liabilities of KRW 12,00,000 at the time of borrowing the money from the victim, and the defendant was unable to operate the business. ④ The defendant did not pay interest to the victim. At the time of the police investigation, the defendant himself/herself recognized that he/she did not have the ability to pay the money of this case.

(Evidence 15 pages, 28 pages). The Defendant sought to invest the money borrowed from the victim to make a profit from the mechanic G, and failed to repay the money to G, etc. with the wind, but the supporting materials are not submitted. However, according to the facts and recognized circumstances above, the Defendant may be recognized to have received delivery of the money from the victim without the intent and ability to repay the money. Thus, the judgment of the court below convicting the Defendant of the facts charged of this case is justified.

Therefore, the defendant's above assertion of mistake is without merit.

B. The defendant's decision on the argument of unfair sentencing is against the part that he did not pay the money borrowed from the victim.

유사 판례

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