(영문) 수원지방법원 2017.03.29 2016노7028 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.03.29 2016노7028

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding Defendant raised funds from the victim in the process of promoting the project with D, and the victim also became aware that all the funds that the Defendant paid to the Defendant are required to implement the project, but the Defendant was not able to return the said funds to the victim due to D’s fraudulent act. Therefore, there is no wish to commit fraud by the Defendant without deceiving the victim.

B. The sentence that the court below sentenced against the defendant (6 months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed from the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of fact, even if the Defendant borrowed money from the injured party, it can be sufficiently recognized that the Defendant received the sum of KRW 50 million by deceiving the injured party by expressing false facts about his/her ability to repay, etc. while deceiving the injured party even though he/she did not have the ability to repay the money, and the Defendant should be deemed to have committed the crime of defraudation by the accused.

Therefore, the judgment of the court below that found all of the charges of this case guilty is just, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

Therefore, this part of the defendant's assertion is without merit.

① The Defendant, at the time of borrowing money from the victim to the court of the court below, voluntarily recognized that the Defendant did not have any financial resources at the time of borrowing money from the victim to the court of the court below. Moreover, even if the Defendant invested the money with the business operation fund of C (State), it is difficult to expect that the Defendant would make it difficult to recover the money by creating profits within a short period from the business in the early stage in which investors are recruited without a clear profit structure at the time, and thus

(2) The defendant.

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