(영문) 의정부지방법원 2021.02.16 2019노2005

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(영문) 의정부지방법원 2021.02.16 2019노2005

사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The summary of the grounds for appeal should be deemed as KRW 181,00,00,000,000 as the victim's assertion, and the defendant is unable to pay the amount to the victim properly until about 10 years have passed since the date when the occurrence of the instant case occurred, and the details of the transaction prepared and delivered by the victim when supplying the instant stuff include the unit price and total amount to the defendant. The defendant did not raise any objection, and the defendant did not have any intent or ability to pay the stuff from the beginning, in light of the fact that the refusal of the payment by the defendant before demanding the payment by specifying the amount as KRW 181,00,00,000 for around July 201, 201, the refusal of the payment by the victim was due to the defendant's ability to repay and the agreement on the stuff price was not reached.

Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.

2. The prosecutor of the indictment to change the indictment was found not guilty of the facts charged as follows.

3. A. Application for Amendments to Bill of Indictment was filed as described in paragraph (1), and since this Court permitted it, the judgment of the court below cannot be maintained in this respect.

However, the prosecutor's assertion of misunderstanding the facts is still subject to the judgment of this court within the scope of the modified facts charged, which will be examined below.

3. Determination of the changed facts charged

A. The summary of the facts charged is that the Defendant calls the victim B at a non-permanent place on February 2009 and immediately pays the money for gambling if he delivers the money to B.

“The phrase “ was false.”

In fact, even if the defendant receives a stuff from the injured party as above, the defendant considers the stuff market price, etc.

유사 판례

-울산지방법원 2016.02.17 2015고단1977

-울산지방법원 2016.07.15 2016노415

-서울북부지방법원 2015.06.25 2015노368

-대구지방법원 서부지원 2018.02.06 2017고정550

-춘천지방법원원주지원 2016.05.19 2015가단8307