(영문) 서울중앙지방법원 2014.02.13 2013노3504

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(영문) 서울중앙지방법원 2014.02.13 2013노3504

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that (1) misunderstanding of facts, although the victim was paid KRW 20 million as expenses for employment of the victims, the victim first requested the employment of the defendant, the defendant did not have any false statement about the social status and ability of the person who was the defendant, and the defendant returned the money received to the victim with the knowledge that it is difficult to request the employment of the victim, it does not mean that the defendant by deceiving the victim as if the defendant would have employed the children of the victim, and by deceiving the victim of KRW 20 million.

(2) When the victim manages the account of the defendant established in the G Bank, the victim did not borrow the money from the defendant's money at the direction of the defendant.

B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Determination

A. In regard to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly admitted by the court below, namely, ① the Defendant, at the time of the first statement, made a return of KRW 10 million, out of the total amount of KRW 20 million, to the victim, by having the victim bear the remainder of KRW 10,000,000,000, and subsequently, the Defendant, after receiving two copies of the check from the victim, reversed the statement that he would return one of the two copies, and the remainder of one of the two copies would be used as the money deposited in the account. In other words, the Defendant continued to reverse the statement that he borrowed money from the victim instead of asserting that the withdrawal was naturally made in his account. ② The Defendant first introduced the victim’s first statement to K to the prosecutor’s office and made the statement that he would not have received KRW 10,000,000,000 from the account.

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