(영문) 인천지방법원 2018.10.26 2018노1304 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.10.26 2018노1304

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (nine months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

B. Prosecutor 1) In light of the following: (a) the statement of the victim is consistent; (b) it is apparent that the defendant has no intent to reimburse the leasing cost of the vehicle for the Switzerland; and (c) in view of the fact that the victim has no reason to lease the vehicle for the defendant's child, the fact that the defendant acquired the vehicle for the Switzerland in this case from the victim is recognized, there is an error of mistake in the judgment of the court below that acquitted the defendant of this part

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination:

A. A. Around December 5, 2014, the summary of the public prosecutor’s office stated that “In order to operate the restaurant, the Defendant leased a car in the public office to the former office and the secretary of the bureau in order to provide the lease vehicle for the purpose of operating the restaurant.”

However, in fact, even if the defendant received from the injured party a leasing vehicle, he did not think that he would use it for expenses, but did not think that he would use it.

Nevertheless, the Defendant, as above, made a false statement to the victim and obtained a delivery of approximately 15 million won at the market price of the Spopo-gu lease vehicle around that time from the victim, and acquired it by fraud.

2) The lower court determined that: (a) the facts charged in this part of the facts charged are not mentioned in the initial accusation; (b) the victims were not aware of the simple personal information or life or death of the former secretary of the former secretary of the Gu, who was discussed on the basis of the victim’s statement; (c) even according to the victim’s statement, it is difficult to confirm the identity of the person who requested a specific string vehicle and his identity; and (d) the Defendant bears the lease advance and the future rent of KRW 4 million with respect to the vehicle lease in this part.

that means.

유사 판례

-서울서부지방법원 2017.02.13 2016고단1442

-서울남부지방법원 2017.07.13 2017고단2019

-서울중앙지방법원 2017.06.01 2017고단1418

-서울중앙지방법원 2017.06.30 2016노5087

-인천지방법원 2018.03.28 2017고단3824