(영문) 인천지방법원 2015.09.23 2014노3523 | 리걸엔진

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(영문) 인천지방법원 2015.09.23 2014노3523

사기미수

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Since the victim of misunderstanding of facts did not repay his/her obligation, the obligation on the Notarial Deed was not extinguished.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. On January 2, 2007, the Defendant loaned KRW 5 million to the victim C, and the interest rate shall be 5% per month, and the principal shall be 5 million out of the total amount of the number limit operated by the operator of the fraternity D, in which the Defendant subscribed, the Defendant agreed to pay for the principal, and obtained a promissory note No. 6 million per face value (hereinafter “notarial deed of this case”).

In November 13, 2013, the Defendant: (a) in the Busan District Court Branch Branch of the Incheon District Court on November 13, 2013, even though the victim paid an amount equivalent to KRW 5 million to D and the Defendant’s obligation to the victim was extinguished, the Defendant: (b) filed a claim for the seizure and collection order against the victim as the obligor; (c) intended to obtain 6 million won by deceiving the victim; (d) however, the victim failed to bring a lawsuit for the confirmation of the existence of the obligation against the Defendant and failed to perform such intent.

B. The following facts can be acknowledged in full view of the evidence duly admitted and examined by the lower court.

(1) around January 2, 2006, the Defendant lent money to the victim several times, and received the instant notarial deed from the victim on January 2, 2007, at the interest rate of five million won.

(2) The victim stated that the principal and interest of the above debt were repaid as follows.

① Principal: D paid KRW 250,000,000,000 for each month, which is half of one unit of the Defendant’s subscription at a fraternity operated by D (from May 10, 2007 to December 10, 2008). Around March 15, 2008, the Defendant and the victim received an advance payment from D in cash, and paid KRW 5,50,00,000,00,000,00 to the victim’s share, in cash.

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