(영문) 수원지방법원 2018.10.31 2018노3465 | 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 2018.10.31 2018노3465

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victim did not receive the total purchase amount from the defendant.

A relatively consistent statement is made by the court below while rejecting the credibility of the victim's statement, and the circumstances stated by the court below are deemed to either make a mistake of the injured party or make a statement related to the motor vehicle trade brokerage, so the defendant is guilty of fraud.

2. On the grounds indicated in its reasoning, the lower court acquitted the victim of the instant facts charged on the ground that there is no consistency and credibility in the victim’s statement and no other evidence to prove the facts charged.

In addition to the judgment of the court below, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, and ① the victim, unlike the time when he was investigated as a crime of assault against the defendant on December 25, 2016, was prosecuted as the crime of assault against the defendant on March 23, 2017, the statement is reversed as to the amount actually received from the defendant under the name of the total purchase price or the balance of the purchase price, and it is difficult to view this as a simple mistake. ② The defendant paid KRW 1 million to the victim in cash to the investigation agency (37,71 page of the evidence record) and the court below consistently after obtaining a gun possession permit from the damaged person (round April 11, 2016).

(3) In full view of the fact that the Defendant had a certain amount of income and property at the time of the instant case (the page 36 pages of the evidence record), the Defendant did not have the intent or ability to pay the total sales amount at the time of the instant case, taking into account the following: (a) the Defendant had known about about 20

There is no data to be determined by the person.

Therefore, the judgment of the court below which acquitted the defendant is just and acceptable, and there are no errors in the misapprehension of facts as alleged by the prosecutor, and the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is justified.

유사 판례

-광주지방법원 2016.06.01 2015노2967

-수원지방법원 2018.06.18 2018노274

-수원지방법원 성남지원 2018.05.25 2017고정1731

-광주지방법원 2016.03.23 2015노257

-서울고등법원 2017.01.17 2016노3392