(영문) 수원지방법원 2018.08.27 2017노8916 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.08.27 2017노8916

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The money that the victim paid to the Defendant in relation to the fraud against the victim D is the money that the victim gave to the Defendant with the purpose of investment to obtain profit from the market price by selling golf membership. Although the Defendant had the ability to purchase golf membership at a low price at the time, it is merely that the Plaintiff did not purchase membership because the market price at the time was difficult to pay profits. Thus, there was no intention to obtain money from the victim at the beginning.

B) Related to the fraud against the victim J, the Defendant received investment from the injured party in relation to the golf course lease agreement and used all 100 million won of the actual investment in the settlement of the remainder of the golf course lease agreement. However, unlike the Defendant’s expectation, the Defendant did not pay the principal of the investment and the profits agreed upon to the victim due to the low corporate profits due to various external circumstances. Therefore, the Defendant’s criminal intent cannot be recognized as to this point.

2) The sentence of the lower court’s improper sentencing (one year and six months of imprisonment) is too unreasonable.

B. In full view of the facts of prosecutor 1) the victim, U’s statement, and the Defendant’s use of money, etc., the lower court acquitted the Defendant of the charge on the ground that the Defendant sufficiently recognized that there was a criminal intent to acquire funds in this part of the restaurant, the lower court erred by misapprehending the facts.

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

2. Determination

A. Determination on the Defendant’s assertion of mistake as to the Defendant’s facts 1) In addition to the circumstances revealed by the lower court as to the fraud against the victim D, the following circumstances revealed by the evidence duly adopted and examined by the lower court, i.e., the Defendant’s purchase price of membership in the lower court.

유사 판례

-서울남부지방법원 2018.08.10 2017고단387 (1)

-대구지방법원 서부지원 2013.02.28 2012고단1533

-서울중앙지방법원 2018.01.25 2017고합813

-의정부지방법원 고양지원 2016.03.25 2015고단3108

-서울남부지방법원 2017.09.22 2016고합465