(영문) 부산지방법원 2017.08.31 2016노4910 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2017.08.31 2016노4910

사기

Text

The defendant's appeal is dismissed.

The defendant shall pay 25 million won to the applicant for compensation. The above compensation order shall be issued.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, after disposing of the clothing 26,00 (hereinafter “the instant clothing”) recovered from the injured party, intended to fully repay 5,00 million won to the injured party, but it was merely a failure to repay the remainder of 25,00,000 won due to the change in circumstances after the above disposition, and did not have the intent to defraud the victim, and there was an error in the misapprehension of facts.

B. Since the value of the instant clothing exceeds 55 million won of the secured debt amount, it is null and void in the collateral contract itself, the crime of fraud cannot be established. Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles.

(c)

The sentence of the judgment of the court below (one year of suspended sentence in six months) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, this part of the argument by the Defendant and the defense counsel was alleged. At the time, the Defendant intended to sell the instant clothing and receive the price of KRW 60 million to pay the victim, and at the time I would purchase the said clothing in approximately KRW 100,000,000.

In addition, although the above bill was intended to recover the above bill, it was impossible to recover the above bill due to the refusal of the original buyer, and since this situation was notified to the victim and it was stated, there is no intention to commit fraud.

According to the evidence submitted by the Defendant’s defense counsel, the Defendant sold the instant clothing and received KRW 60 million from the sales proceeds immediately, and the Defendant discussed the purchase of the instant clothing as a trademark right issue at the I’s legal team leader J and around that time, and whether the Defendant had to recover the instant clothing and KRW 30 million for the check already paid by the Defendant to the victim. The Defendant also returned KRW 30 million if the Defendant recovered the entire clothing of this case.

that such facts, etc. are recognized.

However, the evidence duly examined by the court below and the witness C.

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