(영문) 광주지방법원 2017.10.12 2016노5077 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.10.12 2016노5077

사기등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

The judgment below

Part of acquittal.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one and half years of imprisonment) by the lower court is too unreasonable.

B. In light of the following: (a) a prosecutor 1) misunderstanding of the facts (not guilty part) the victim E would have been deemed to have not lent money to the Defendant on condition that it would have been given a lump sum subcontract if he had known the fact that the victim E might be subject to the seizure of other creditors; and (b) the victim F would not have any reason to pay the Defendant KRW 50 million other than the borrowed money in addition to the name of the Defendant, the lower court erred by misapprehending the fact that the Defendant could have obtained money from the victim E and F, even though

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. In light of the circumstances stated in its reasoning, it is insufficient to recognize that the lower court, based on the evidence submitted by the prosecutor, received money by deceiving the victim E even though the Defendant was unable to have an intention or ability to get a subcontract for construction work normally, or that the Defendant borrowed money by deceiving the Victim F by lowering the acquisition price of the hospital, and there is no other evidence to acknowledge otherwise.

Therefore, the prosecutor's assertion of mistake is not accepted.

3. It is an unfavorable circumstance that the amount obtained by the defendant to determine the unfair argument of sentencing between both parties reaches approximately KRW 242.5 million, and the defendant has a record of being punished once by a fine for the same kind of fraud.

However, the defendant has committed a crime in the first instance and committed a mistake in whole, and paid 30 million won at the court below to the victim J, and additionally deposited 60 million won in the first instance court, and the victim G does not want punishment against the defendant, and deposited the principal of the damage to the victim T.

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