(영문) 서울북부지방법원 2014.06.26 2014노176

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) 서울북부지방법원 2014.06.26 2014노176

사기등

Text

The judgment of the court below is reversed.

A fine shall be imposed on the crime of fraud listed in attached Table 1 and 2, which is set forth in the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The Defendant did not receive from the victim C a total of KRW 16 million per annum of the list of crimes (hereinafter “the list”) in attached Form 1 and 2 as indicated in the judgment of the court below.

B) The Defendant actually used the money invested from the victim to manufacture a rooftop set, etc., and had sufficient means to repay the money to the victim at the time of receiving an investment. Therefore, there was no deception of the victim, nor had there been no intent to defraudation. 2) The Defendant attempted to maintain a lease agreement on G Eccoo vehicle (hereinafter “instant vehicle”) and did not intend to embezzled the instant vehicle.

B. The court below's sentence of unfair sentencing (2 million won of fine and 8 months of imprisonment) against the defendant is too unreasonable.

2. Determination

A. misunderstanding of facts 1) First of all, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below as to whether the defendant borrowed the sum of KRW 16 million per annum 1 and 2 from the victim C, namely, ① the victim C loaned 16 million to the defendant as stated in No. 3 through No. 11 of the table from the investigative agency to the court below and the court of appeal, prior to lending money to the defendant as stated in No. 1 and No. 2 of the table, but it was relatively consistent to the purport that the defendant was not repaid. However, although the victim’s statement on the time and method of paying money to the defendant and its source was reversed several times, the victim’s complaint and investigation of this case was made after a considerable lapse of the date when the victim lent money to the defendant as stated in No. 1 and No. 2 of the table, and the victim appears to have been dismissed from the court below.

유사 판례

-서울북부지방법원 2014.01.24 2012고단2914

-창원지방법원 2020.04.09 2020노21

-대구지방법원 2015.07.23 2014노2956

-수원지방법원 2017.10.26 2017노2619

-청주지방법원 2017.06.15 2016노1412