(영문) 수원지방법원 2017.10.13 2017노2538 | 리걸엔진

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(영문) 수원지방법원 2017.10.13 2017노2538

사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The request of the applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds of appeal 1) misunderstanding of the facts and misapprehension of the legal principles (1) As to the facts constituting the crime No. 1 of the judgment below, the Defendant borrowed a total of KRW 9,371,00 from the victim, and subsequently, decided to divert the above loan to the E-store store's expense in Frant under the agreement with the victim, and did not receive the money from the victim from the beginning for the purpose of paying the above expenses for the E

In addition, the Defendant made efforts for the sale of EM stores in FM, but only the victim has given up the EM stores first.

Therefore, the defendant did not deceiving the victim as stated in this part of the facts charged.

(2) As to the facts constituting the crime No. 2 in the judgment below, the Defendant had the intent and ability to repay the above borrowed money, since the Defendant promised to receive 300 million won as investment from N at the time of borrowing KRW 130,1270,000 to the victim.

2) The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

In the first sentence of the charges No. 1 of the facts charged at the trial of the party, the prosecutor, “The defendant was transferred from May 20, 2015 to EF franchise store entry for the victim from around the above day to July 17, 2015, under an agreement that he/she received KRW 10 million from the damaged party to the company bank account (H) under the name of separate borrowing from the damaged party on May 20, 2015, for the purpose of converting the victim into the EF franchise store entry for the victim, and was transferred from the above day to July 17, 2015.

“The Defendant was transferred KRW 8,3710,00,000 from the above day to July 17, 2015, for the purpose of using 12 million won as the EF franchise store sales cost from the injured party on June 5, 2015.”

“A total of KRW 22,4980,000” in the last sentence of the facts charged shall be “total of KRW 21,4980,000”.

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