logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.24 2017노190
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 20 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) did not have the intent to commit the crime of defraudation at the time of each of the instant crimes.

B. The prosecutor (unfair sentencing)’s sentence of the lower court (20 million won in penalty amount) is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below on the defendant's assertion that the defendant is guilty of deceiving the victim F, 50 million won, and defraudation of the victim N, the court below may recognize the fact that the defendant, even if the defendant borrowed money, did not have the intent or ability to repay it, by deceiving the victims as stated in the judgment of the court below.

The defendant's assertion of misunderstanding of facts is without merit.

B. Determination on the Defendant’s assertion of misunderstanding the facts about the defraudation of KRW 250 million against the victim F (1) Of the facts charged in this part, the summary of the charge in this part of the charge in this case is that the Defendant defraudation of KRW 250 million against the victim F among the facts charged in this case, “The Defendant borrowed KRW 650,000,000 as security of KRW 4980,000 as at the time of damage from the victim’s G lending office operated by the victim F, which was 607 of the 6th floor of the building in Seoul Jung-gu, Seoul, and KRW 650,000,000 as at the time of the occurrence of the damage from the victim’s G lending office operated by the victim F, which was 607,000,000 won of the market price at KRW 497,000,000 as at March 1, 209.

On March 25, 2009, the Defendant, at the L hotel located in K in Jung-gu Seoul Metropolitan Government on March 25, 2009, was required to pay the above KRW 570 million from the injured party to the victim, and the collateral security ability of the shares offered as security was diminished due to the decline in the shares of the victim.

Therefore, I would like to issue BW in the amount of KRW 90,000,000 from (State) I to 90,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

“A false statement” was made.

However, in fact, the Defendant received KRW 250 million from the injured party and received the said money, and 500 million in the name of the said money, BW.

arrow