(영문) 서울남부지방법원 2016.02.17 2015노1209

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(영문) 서울남부지방법원 2016.02.17 2015노1209

업무상배임등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding (1) a fraud against the victim F. The Defendant did not deceiving the said victim that the said victim “as money was sold to the land (dy field)” and instead, the said victim had to first lent money to the Defendant, and the Defendant had the financial ability to repay money from the said victim at the time of borrowing money. However, on June 2010, the Defendant had no intention to acquire money by deception as it was impossible to repay the principal due to rapid aggravation of the financial ability to repay the principal.

(2) The fraud against the victim G did not mislead the above victim that the Defendant “I will pay KRW 400,000 as interest per month when I lent KRW 50 million to the above victim, and at any time when I requested repayment, I would have first paid the above money to the Defendant, and the above victim had the ability to pay the money to the Defendant at the time of borrowing the money from the above victim, and there was no intention to acquire it by deception because the Defendant had the ability to pay the principal because of rapid aggravation of self-payment around June 2010.

Nevertheless, the court below convicted all the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. (1) Determination of misunderstanding of facts and misapprehension of legal principles as to the fraud against the victim F. In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the first instance court, i.e., the victim: (a) requested the police to lend money to the defendant while the defendant was in a dry field; (b) the victim made a request from the police to lend money; and (c) the interest accrued therefrom was paid in advance by the victim.

The details of the loan shall be specified.

유사 판례

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