(영문) 서울중앙지방법원 2014.09.05 2014노1868

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(영문) 서울중앙지방법원 2014.09.05 2014노1868

사기등

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The judgment below

The guilty part shall be reversed.

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

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the fraud of down payment for the printed machine for the victim T) at the time of the instant sales contract for the printed machine, the remainder of the lease is KRW 369,471,880. When the Defendant paid the balance of the purchase price to be received from the victim to the lessee and paid KRW 306,00,000 to the lessee and at the Defendant’s expense, the Defendant would be able to deliver the instant printed machine normally to the victim. At the time, the Defendant transferred the Defendant’s transaction claim to the lessee as security and set up a physical security, and thus, there was an intent and ability to pay the said difference sufficiently. Nevertheless, the lower court, which recognized that the Defendant by deceiving the victim as if he paid the lease balance and delivered the instant printed machine, acquired KRW 54 million under the pretext of down payment, thereby adversely affecting the conclusion of the judgment, is erroneous and adversely affecting the conclusion of the judgment.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the fact that the Defendant, as if he were to deliver the instant printing machine to the victim, by deceiving the Defendant as if he were to deliver the instant printing machine to the victim, can be acknowledged that the Defendant acquired KRW 54 million from the victim as the down payment

1) On October 27, 201, the instant printing machine was leased by the Defendant from the Lease Company (Korea CTR Capital Corporation) around October 27, 201. (2) On January 8, 2013, the Defendant concluded a sales contract with the victim for the instant printing machines with the amount of KRW 360 million, down payment 36 million, and down payment 36 million with respect to the instant printing machines, and then requested the victim to raise down payment at KRW 54 million on January 9, 2013.

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