(영문) 서울중앙지방법원 2020.01.10 2018노2501

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(영문) 서울중앙지방법원 2020.01.10 2018노2501

사기

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The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendants were not aware of the victim’s speech related to the government’s secret abduction project, there is no deception nor intention to acquire the victim.

B. The sentence imposed by the lower court on the Defendants (one year of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts are justified in the judgment of the court below, that is, Defendant B made the victim a statement about the Government's secret abduction business at the seat of Defendant A, the victim delivered KRW 90 million in cash to Defendant A at the seat of the corporate bank name branch, and the defendant A immediately gave the above KRW 90 million to Defendant B, and the victim sent the above KRW 10 million to the bank account in the name of Defendant B at the request of Defendant A, if the circumstance was shown by the victim, the court below's decision to the effect that the defendants conspired to deception the victim, and the intent of defraudation can also be recognized. The above argument by the Defendants is without merit.

B. As to the assertion on unfair sentencing, the Defendants are not sufficient to commit the crime by deceiving the money by referring to the Government’s secret abduction project.

In addition, Defendant A was in the position of the current police officer at the time of the instant crime, and Defendant B, at the Seoul Central District Court on July 27, 201, sentenced Defendant B to a suspended sentence of 2 years for six months of imprisonment with prison labor for the crime that acquired KRW 30 million by deceptioning KRW 50 million by using a non-permanent cashier’s check, which is the name of the security deposit, at the Seoul Central District Court on July 27, 201.

However, the court below made a deposit of KRW 45 million on behalf of the victim in the court below, and the repayment of KRW 35 million in the court below is more favorable.

The above various circumstances and conditions are as follows.

유사 판례

-서울중앙지방법원 2018.08.13 2017고단7189

-대구지방법원 2016.10.21 2016노897

-인천지방법원 2020.09.18 2020노1148

-서울고등법원 2016.04.08 2015노3038

-수원지방법원 2019.06.21 2018노7700