(영문) 서울서부지방법원 2018.11.29 2018노586

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.11.29 2018노586

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s crime of fraud against the victim B continues to maintain a business, raises a certain amount of sales, repays the principal and interest of the loan to I, U, and V, and has maintained the business as well as has repaid the principal and interest of the loan through I even after borrowing money from the damaged party. Therefore, the Defendant’s criminal intent is not recognized.

The victim was also aware of the fact that the defendant would repay the existing debt with the borrowed money.

B. The sentencing of the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted the same argument in the lower court, and the lower court presented detailed circumstances, and at least did not have any negligence in fraud, on the part of the Defendant.

The recognition was recognized.

Upon examining the evidence of this case and the judgment of the court below, in addition to the judgment of the court below, it is clear that the defendant set the period of repayment of principal in the consumption loan contract document prepared by the defendant from the injured party twice as of October 15, 2015, and September 30, 2015, and the defendant did not have the ability to repay within the period of repayment as agreed under the financial situation of the defendant, and in light of the fact that the defendant was well aware of this fact, it is difficult to deny the criminal intent of the defendant by deceit.

Defendant

Since the lending of money from the injured party is only a change in the owner of the money while borrowing money from the injured party, there is no possibility that the defendant could avoid the nonperformance of his/her obligation, and there was an intention to make efforts to faithfully repay his/her obligation to the defendant who has impaired the obligor's demands for payment within one month and three months from the borrowing date, respectively.

It is also difficult to recognize.

The defendant's assertion of mistake is not accepted.

B. The fact that the defendant has no record of criminal punishment is favorable to the defendant.

The sum of the acquired money for two victims shall be 180 million won.

유사 판례

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