(영문) 서울중앙지방법원 2015.03.12 2014노4232

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(영문) 서울중앙지방법원 2015.03.12 2014노4232

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There was no fact of deceiving the victim of the mistake of facts and there was no intention to commit the crime of fraud.

B. The lower court’s sentencing (six months of imprisonment) on the ground of unfair sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court as well as the following circumstances revealed in the evidence, the fact that the Defendant was urgently required to repay money borrowed from others for the business of C, and even if the Defendant borrowed money from the victim, it can be sufficiently recognized that the Defendant obtained money by deceiving the victim by making a loan of some of the money necessary for purchasing a car, despite the absence of intent or ability to repay the money.

(1) Property relationship and debt relationship at the time when the defendant received money from the victim, approximately KRW 70 million of the total amount of debts at the time of 2007.

F. The evidence records 5-1 books and 204 pages) (2) The defendant alleged that he actually intended to purchase a car from the victim, but the defendant also recognized that he had no ability to pay the vehicle at the time (Evidence No. 5-1 books and 196 pages). The defendant actually consumed the previous obligation for repayment immediately after the victim received money from the victim (Evidence No. 5-1 books and 196 pages). ③ The defendant was planning to receive an investment of KRW 1 billion in connection with his business at the time, and intended to receive the above money from the victim, but the defendant stated that he did not have promised to make such investment (Evidence No. 5-1 books and 143 pages of evidence records).

B. In full view of the following: (a) the Defendant’s power, character and conduct, motive and circumstance of the crime, and circumstances after the crime, etc., without agreement with the victim on the assertion of unfair sentencing, did not agree with the victim on the assertion of unfair sentencing; and (b) the court below’s punishment is too unreasonable.

3. The Defendant’s appeal is without merit.

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