(영문) 부산지방법원 2015.10.30 2015노2189 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.10.30 2015노2189

사기

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The defendant has borrowed money from the victim with the intent to repay under the circumstance of ability to repay. The defendant did not deceiving the victim, and the defendant did not have the intent to commit fraud.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by mistake and misapprehension of legal principles.

B. The sentence of the judgment of the court below on unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. In this case where there is no change in circumstances after the judgment of remanding, the Defendant informed the victim that “the Defendant would obtain financial loans from the private teaching institute building after completion of the building of the private teaching institute as collateral and repay the instant loans,” as stated in the facts charged, as stated in the judgment of remanding the case.

In addition, it cannot be deemed that there is no reasonable doubt about the victim's lending of this case, and there is no evidence to prove that there was a misunderstanding of facts against the same purport.

3. According to the conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and it is again decided as follows.

1. Around April 2008, the summary of the facts charged of the instant case stated that “The Defendant, the representative director of the JJ, who was scheduled to construct on the land of 1,656 square meters in Busan-gu, Busan-gu, Busan-do, shall lend money to the victim K, who is the representative director of the KJ, who was scheduled to construct on the land of 1,656 square meters in Busan-gu, Busan-gu, the Defendant would receive financial loans and repay it preferentially upon the completion of the construction of the G private teaching institute building in the new construction site in the name of Dong L at present.”

However, at the time of fact, the defendant was the G Research Institute and the I Announcement Institute.

참조조문

-형사소송법 제364조 제6항

유사 판례

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-울산지방법원 2013.09.27 2012노615