(영문) 인천지방법원 2017.09.20 2017노1744 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.09.20 2017노1744

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had an intent or ability to repay money from the damaged party at the time of borrowing the money, due to the circumstances that occurred thereafter, the Defendant was unable to repay the money to the injured party, and the Defendant used the money from the damaged party for the purpose of borrowing the money.

Therefore, it is not recognized that the act of defraudation and defraudation of the accused is not recognized.

B. The sentence sentenced by the court below to the defendant (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant alleged to the same purport in the lower court’s assertion of mistake of facts and misapprehension of the legal doctrine, and the lower court rejected the Defendant’s assertion on the grounds indicated in its reasoning in determining the Defendant guilty of the facts charged of this case. In view of the evidence duly admitted and examined by the lower court compared with the content of the lower court’s reasoning, the lower court’s aforementioned determination is justifiable (the statement by K’s witness of the lower court does not interfere with the conviction of the facts charged of this case). In so doing, the lower court erred by misapprehending the facts

It does not seem that it does not appear.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. In full view of the following factors: (a) the Defendant used the victim’s trust in committing a crime while putting the victim’s business status; (b) the amount of fraud is a large amount of KRW 100 million; (c) the Defendant paid the total amount of damages to the victim when the Defendant was in a trial; (d) there was no record of punishment exceeding the fine; (c) there was no record of punishment exceeding the fine; (d) the Defendant’s detention on the part of the company employees and rehabilitation creditors; and (e) the effect of the Defendant’s detention on the company employees and rehabilitation creditors; and (e) other various sentencing conditions indicated in the instant pleadings, such as

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