(영문) 인천지방법원 2016.08.17 2016노2014 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.08.17 2016노2014

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (the part concerning the fraud of the crime No. 1 through No. 3 in the judgment of the court below) concerning this part of the crime, the defendant did not have the intention of deception and deception, and the victim did not have an act of disposal by mistake by deception.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of fact, the lower court recognized the Defendant’s deception by the victim, thereby causing an error in the victim’s act of disposal, and also recognized the Defendant’s intentional acquisition of the victim.

Therefore, the judgment of the court below is justified, and the defendant's above assertion is without merit.

1) The victim continued to lend money in the investigative agency and the court below’s decision that “at the time, the defendant’s main business was difficult, but the main business was paid with the principal income, and if it is not possible to repay it, the defendant’s speech that he would dispose of it and pay it.”

“The circumstances leading up to the lending of money to the Defendant are specific and consistent.”

2) At the time, the Defendant had been unable to run the main business, and there was a significant amount of personal debt, and the monthly rent and electric charge were sealed, but such a detailed talks was not made to the victim.

3) If the Defendant fails to repay the borrowed money, he would sell the main place and make the repayment.

However, even after disposing of the main points on September 2013, the fact was not notified to the victim, and the disposal price was not fully repaid to the victim by using all other debts, such as monthly taxes, liquor payments, and monthly salary of employees.

4) On January 2015, the Defendant filed a petition for bankruptcy on an individual basis, but did not notify the victim of the petition for bankruptcy.

5) The Defendant recognized the fraud of the crime No. 4.

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