(영문) 서울중앙지방법원 2017.02.09 2016노3604

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.02.09 2016노3604

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The instant monetary loan certificate and the victim’s performance written between the Defendant and the victim were invalid as the victim failed to prepare KRW 500 million, and the victim was irrelevant to KRW 288,100,000,000, which sent to the Defendant on December 11, 2009.

The above KRW 281,00,000, which was received from the injured party, is the investment money of so-called "tts business". At the time, the defendant had sufficiently explained the victim about the risk of "tts business", and there was no fact that the principal return or finalized profit was guaranteed to the victim.

Nevertheless, the judgment of the court below which judged the above KRW 281 million as the loan and sentenced the defendant guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below rejected the Defendant’s assertion in detail under the title “determination on the Defendant’s assertion”, which is the “determination on the Defendant’s assertion”.

As a result of review of records, the judgment of the court below is just and there is no error of law that affected the conclusion of the judgment.

B. The crime of this case was committed during the period of probation due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the fact that the crime of this case was committed by extremely denying the crime up to the trial, and the date and time of the crime of this case seems to have suffered a long time gold and mental damage by the victim around December 2009, etc. are disadvantageous to the defendant.

However, the defendant deposited KRW 1,50,000 for the victim during the trial of the court below, and additionally deposited KRW 4 million during the trial of the court below, and the claim for the loan filed by the victim against the defendant, etc.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

유사 판례

-인천지방법원 2020.05.22 2020노523

-부산지방법원 2019.01.18 2018노3240

-수원지방법원 2017.03.14 2017고단16

-서울중앙지방법원 2013.08.20 2013고단733

-대구지방법원 2016.02.26 2015고단5387