logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.17 2017노4253
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal - misunderstanding of facts or misunderstanding of legal principles and improper sentencing

A. Fact-misunderstanding or misunderstanding of legal principles (excluding 2016 order 8513 order) 1) 2016 order 5713, 2016 order 5713, 2016 order 9220 order 9220 order did not constitute a criminal act, and there is no fact that the Defendant participated in the act of commission.

In addition, there was no intention of fraud.

2) Since the Defendant was unable to pay the price of the goods due to the wind to cancel the registration ex officio while the Defendant was normally running his/her business, there was no intention to defraud the Defendant.

Above all, the facts charged should be acquitted because it is the same as the Seoul Central District Court 2015 and 4665.

B. Even if all of the facts charged in this case are found guilty, the sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below, the court below's judgment that found all of the facts charged of this case guilty is just and there is no error of law by misunderstanding the facts or by misunderstanding the legal principles as to fraud.

2) Meanwhile, in concluding a payment guarantee contract with the Seoul Guarantee Insurance Co., Ltd., the Defendant requires a surety insurance policy to receive goods from the victim W.

On the face of the removal of the property certificate, the surety insurance policy was issued to deliver the goods, and the sale price of the goods is KRW 30 million as the interest free of interest. The false statement made it to the purport that it would be a free interest, and it received the apartment property certificate from the damaged party and received the apartment property certificate and acquired the property interest equivalent to KRW 29 million from the Seoul Guarantee Insurance.

[Along with the fact that the above judgment became final and conclusive, the Seoul Central District Court 2015, 4665, which was sentenced to a fine of KRW 5 million for criminal facts to the effect that the above judgment was final and conclusive.

However, the above facts of crime are W.

arrow