(영문) 수원지방법원 2017.07.10 2017노156 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.07.10 2017노156

사기

Text

The part of the judgment of the court below regarding the fraud against the injured party U among the guilty part and the innocent part shall be reversed.

Defendant 12. A fine

Reasons

1. Summary of grounds for appeal;

A. (1) Of the guilty portion of the judgment of the court below, the defendant was found to have received aggregate from the above damaged person in the course of exercising the above claim by acquiring the claim against U from W, and there is no false deception of the above victim and there is a criminal intent of defraudation against the defendant.

The lower court found the Defendant guilty of fraud on March 31, 2013, among the facts charged in the instant case, that the lower court erred by misapprehending the legal doctrine.

(2) Of the convictions of the lower judgment, the Defendant was paid KRW 20,000 from the above victim as business funds in the course of promoting joint business operation of Mattoco as one of the victim AD. As such, the Defendant did not deceiving the above victim, and there was no awareness that the Defendant was a criminal intent of defraudation.

Although it cannot be seen, the lower court convicted the victim AD of fraud among the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine.

(3) The sentence sentenced by the lower court to the Defendant (4 months of imprisonment) is too unreasonable.

B. Of the acquittal portion of the lower judgment, the Defendant acquired a false solicitation for the relevant investigation and the Defendant’s transfer of the grounds for the Defendant’s payment of KRW 10 million to the Defendant by mistake as to the fraud against U.S. among the acquitted portion of the lower judgment

The judgment of the court below which acquitted the Defendant of the fraud on July 22, 2013 of the facts charged, although there is no difference between the part which the court below found guilty in the conclusion that the above victim paid the above money to the Defendant due to the Defendant’s deception, was erroneous in the misapprehension of the facts.

(2) Of the acquitted portion of the lower judgment, fraud against the victim Q Q.

유사 판례

-서울고등법원 2015.10.15 2015노1359

-서울고등법원 2016.07.01 2015노2253

-서울동부지방법원 2017.01.13 2016노1253

-서울고등법원 2015.02.05 2014노2264

-수원지방법원 2013.11.07 2013노3609