(영문) 의정부지방법원 2014.10.30 2014노1986

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(영문) 의정부지방법원 2014.10.30 2014노1986

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant did not borrow money from the victim as stated in the facts charged, and the Defendant borrowed the Defendant’s card payment from the victim for 2-3 days because the money received from the victim or the victim did not make a timely payment. The Defendant borrowed money from the victim under the name of card payment was immediately repaid 2-3 days after 2-3 days.

B. The sentence of an unreasonable sentencing (eight months of imprisonment) by the lower court is too unreasonable.

2. Determination:

A. According to the record of the determination on the assertion of mistake of facts, the Defendant would bring 1.3 million won up to October 15, 201, since around September 21, 201, the Defendant brought money to the victim and failed to repay the money to the victim from 2004.

(2) The court below held that the defendant borrowed money from the victim as stated in the facts charged of this case since the defendant made a statement at the prosecutor's investigation stage to the effect that he prepared the above part of the part, although the above part of the part of the part of the part of the defendant was not prepared by the defendant, it can be acknowledged that the defendant prepared the part of the part of the defendant, and since the defendant agreed to use the part of the part of the defendant as evidence, it can be used as evidence of the facts charged of this case since the defendant denied the above part of the part of the part of the defendant and agreed to use it as evidence.) If the defendant did not borrow money from the victim as alleged in the defendant, and if the defendant fully repaid the part of the part of the part of the card price with the name of the defendant 2-3 days, it can be recognized that the defendant did not have any reason to prepare the part of the above part of the part, and the defendant sent a text message to the effect that he will lend money or pay money to the victim several times.

Therefore, the defendant's assertion of mistake is without merit.

유사 판례

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