(영문) 서울중앙지방법원 2013.12.05 2013노2826

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(영문) 서울중앙지방법원 2013.12.05 2013노2826

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. (1) In determining the facts, the Defendant borrowed money from the victim, not from the victim's investment, but from the victim's deception, and there is no fact that the victim was deceiving.

(2) There is no fact of deceiving the victim with respect to the fraud against the victim D, nor had the intent and ability to repay.

(3) As to the fraud against the victim E, F, G, and H, the Defendant did not formally agree that the Defendant would have the said victims be employed by a specific company or a specific position in the Culture Group, even though he/she had C to submit his/her employment history to the Secretary General of the Culture Group. Moreover, the Defendant did not directly contact the said victims.

B. The lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal by the defendant's authority is examined ex officio, and the prosecutor applied for permission to amend the indictment to add "victims throughC" to the two of the attached crime list Nos. 22 and 25 of the indictment of this case, among the charged facts of this case, and since this court permitted this, the judgment of the court below is no longer maintained in this respect.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court, even though there are such reasons for the above ex officio reversal, and this will be examined below.

3. Judgment on the assertion of mistake of facts

A. Of the fraud against the victim C, the part of the defraudation of KRW 10 million as indicated in the judgment of the court below (the summary of this part of the charges No. 7-10 million), among the fraud against the victim, the Defendant, who did not have influence over the lot group, and who borrowed money from other persons, did not have the intent or ability to complete payment, and received money as investment money with regard to the lot group B, while putting the friendship with the chairperson of the lot group B, without having the intention or ability to complete payment.

The defendant around July 2009 shall be the victim C.

유사 판례

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-서울중앙지방법원 2013.08.13 2012고단3834