(영문) 인천지방법원 2017.09.08 2017노562 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.09.08 2017노562

사기

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding ① No. 2-A of the facts charged of the instant case: (a) the Defendant did not borrow five million won from the damaged person; and (b) the Defendant had the intent and ability to repay in light of the Defendant’s real estate and credit holding situation at the time of borrowing money from the damaged person.

However, the judgment of the court below that found the facts charged of the fraud of this case guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The facts charged in this case

1. On July 8, 2014, the Defendant and the victim’s related Defendant run an authorized broker office in the name of the “F Authorized Broker” in Nam-gu Incheon Metropolitan City, and around July 8, 2014, the victim D obtained collateral loans under the name of the victim and subsequently purchased and disposed of them. In return, the Defendant and the victim paid KRW 5 million to the victim. Accordingly, around July 31, 2014, the Defendant completed the registration of the establishment of a collateral security right and the registration of the transfer of ownership in the name of the victim.

2. Crimes by defendants;

A. On July 18, 2014, the Defendant stated that “Around July 18, 2014, the Defendant would provide the victim with a three-month interest if he/she lends KRW 50 million to B, and would be repaid at a prompt time.”

However, the Defendant had no intention or ability to repay, even if he/she borrowed money from the injured party due to the circumstances such as having failed to repay the principal and having difficulty in paying more than 2 million won per month.

The Defendant received 5 million won from the injured party as the borrowed money in the same place.

B. On September 8, 2014, the Defendant is at the office of the above F Authorized Broker Office.

유사 판례

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