(영문) 창원지방법원 2020.11.19 2020노1694 | 리걸엔진

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Reasons

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자간(%)

(영문) 창원지방법원 2020.11.19 2020노1694

사기등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (other than the part concerning the crime of causing property damage in the judgment of the court below) fraud 1) fraud (excluding the part concerning the crime of causing property damage in the judgment of the court below) fraud 20 million won (20 million won) was remitted to E in order for the victim D to settle the attempted money. As such, the Defendant did not deceiving the victim, and there was no intention to acquire it by fraud. 2) The Defendant used the money in his/her custody as business expenses, so there was no intention to acquire it.

3) Since the Defendant took possession of things owned by him/her and thereby does not constitute larceny. Since the Defendant is capable of having access to C’s factory as an employee of C, the crime of intrusion on a structure is not established. 4) The Defendant was supplied with goods by K’s instructions (2019Da532) (i.e., the Defendant was only supplied with goods by the direction of K, and thus, the Defendant did not have an intention to defraud.

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. In full view of the following circumstances that can be acknowledged by the lower court’s duly adopted and investigated evidence, the Defendant, as stated in this part of the facts charged, by deceiving the victim D and by deceiving the victim of KRW 20 million, and the Defendant’s intentional act may also be recognized.

The judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of misconception of facts or misunderstanding of legal principles.

① In the investigative agency and the court below’s decision, the victim D transferred the material value of KRW 20 million to E, on the ground that the Defendant did not have any material in the factory. The victim transferred the material value of KRW 20 million to E because it did not contain any material.

유사 판례

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-서울서부지방법원 2016.09.08 2016노782

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