logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.03.27 2018노80
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

An application for compensation by an applicant for compensation filed in the appellate court shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding the facts (Article 2, 3, 6, 7, and 8 Nos. 2, 6, 7, and 8 of the list of crimes attached to the judgment below) ① In the case of subparagraphs 2 and 3 of the list of crimes attached to the judgment below, Defendant 1 voluntarily paid money to the Defendant with the knowledge that it was used as office expenses and operating funds of the victim C (hereinafter “victim”) of this Defendant’s management D (hereinafter “D”).

② 원 심 별지 � 죄 일람표 순번 제 6, 7, 8 항의 경우, 피해 자가 오일 투석사업 진행을 위한 장비 구입, D의 운영자금 및 경비로 사용된다는 점을 잘 알면서 자발적으로 피고인에게 돈을 지급하였을 뿐이다.

There is no fact that the defendant deceivings the victim.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

B. According to the evidence submitted by the prosecutor, it is sufficiently recognized that the Defendant borrowed money from the injured party without the intent or ability to repay the borrowed money from the injured party, in the case of 4, 5, 9, or 23 of the crime list attached to the court below, according to the evidence submitted by the prosecutor as to the mistake of facts (the list Nos. 4, 5, 9, or 23 of the crime list attached to the court below).

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant did not have the intent and ability to pay the principal and the profits to the victim, after using the cryptive project and the cryptive project referred to as the Defendant’s investment in the victim, even if the Defendant received the investment from the injured party, as

Therefore, it can be recognized that the victim deceivings the victim and defrauds the money in 2, 3, 6, 7, and 8 of the list of crimes in the court below.

The defendant's assertion is acceptable in the judgment below, since there is no error of mistake as alleged by the defendant.

arrow