(영문) 울산지방법원 2018.11.02 2018노844 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2018.11.02 2018노844

사기

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All appeals filed against Defendant A by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) Inasmuch as Defendants 1 and 1 did not bear the obligation between M and N, they acquired money by deceiving the victim.

shall not be deemed to exist.

2) The sentence of the lower court’s improper sentencing (Defendant A: one year of imprisonment, two years of suspended sentence, three hundred and twenty hours of community service order, Defendant B: eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence against Defendant A by the lower court is too unhued and unreasonable.

2. Determination

A. 1) The Defendants and the defense counsel also asserted the same purport in the original judgment. However, in light of the following circumstances, the lower court can sufficiently recognize the fact that the Defendants deceptiond the victims as stated in the facts of the crime in the original judgment and acquired the money.

In the judgment of the court below, the charges of this case were convicted.

① irrespective of the intent to receive money from M and N, the Defendants recognized that money received from M and N was a debt (the 5th page of the record), evidence record, 378, 763 through 765, 773, 774 of the witness M’s legal statement (the 3rd page of the record), M and N also made a statement to the effect that M and N were legally aware of the amount paid to the Defendants as a legal claim in the original court (the 7th page of the witness M’s legal statement (the 7th page of the record) and the witness N’s legal statement (the 3rd page of the record). In light of the fact that the Defendants knew that there was an additional large amount of debt between individuals other than the debt notified to the victim.

Recognized.

Nevertheless, the Defendants did not notify the victim of this fact.

② The portion of the witness M’s legal statement (including the evidence No. 1 submitted by the Defendants) to the effect that the Defendants invested in money without considering to be repaid to the Defendants is either KRW 60 million (or KRW 300 million, accepting the assertion that the Defendants are shares of KRW 300,000,000,000,000,000) or a large amount of money to be repaid to the Defendants.

유사 판례

-부산지방법원 동부지원 2017.05.11 2016고정676

-서울중앙지방법원 2018.10.26 2017고정3681

-인천지방법원 2015.10.16 2015노438

-수원지방법원 2015.12.09 2015노5402

-수원지방법원 2018.02.02 2017노8351