(영문) 의정부지방법원 2020.05.21 2018노3649

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(영문) 의정부지방법원 2020.05.21 2018노3649

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as follows.

1) The lower judgment recognized that the Defendant borrowed a total of KRW 11 million from the victim, and around that time, even though the Defendant already repaid a total of KRW 4.5 million from the victim, the lower judgment recognized that the Defendant borrowed a total of KRW 12 million from the victim. 2) The Defendant promised to receive KRW 100 million as property division with respect to apartment houses equivalent to KRW 200 million at the time of having agreed to divorce with his wife at the time of lending the said money. In addition, at the end of March, 2017, the Defendant was working at the lien office located at the government-Si/GunJ at the time of the government-Si/GunJ at around that time and agreed to receive KRW 100 million as property division, and thus, the lower judgment was erroneous.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (a fine of 6 million won) is too unreasonable.

2. Determination

A. (1) Fact-finding 1) Fact-finding that the borrowed amount and the repaid amount are recognized (i) the victim remitted the total of KRW 13 million to the national bank account under the name of the Defendant, including KRW 2 million on March 18, 2017, KRW 4 million on March 25, 2017, KRW 600,000 on March 28, 2017, and KRW 13 million on March 30, 2017.

(No. 10-13 of the evidence records) In addition, the victim around that time delivered 3 million won in cash to the defendant through her pro-friendly D.

(No. 1) On the other hand, the Defendant transferred KRW 50,000,000 to the Agricultural Cooperative Account in the name of the victim, and KRW 4 million on March 28, 2017, to the Defendant.

(1) On March 28, 2017, the victim filed a complaint with the Defendant and received an investigation of the witness, and then transferred KRW 6 million to the Defendant on March 28, 2017, the victim stated that “the remittance of KRW 2 million to the victim”, which is the difference, was “the remittance of KRW 4 million, to the victim,” in consideration of the receipt of the remittance of KRW 6 million from the Defendant on the

(1) The defendant has caused an error in his own account. (5) The defendant has made a mistake in his own account.

유사 판례

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-서울중앙지방법원 2015.12.17 2015노3856