(영문) 서울남부지방법원 2016.01.14 2015노1318

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(영문) 서울남부지방법원 2016.01.14 2015노1318

사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding of fact that the Defendant, while being entrusted the victim G with the vehicle purchased from J, shall be entrusted to the victim G with the repair, the J shall lend money to the Defendant and repaid it well.

On the other hand, while the J had lent KRW 20 million from G, it did not change it. Since the Defendant did not borrow money as security against the vehicle from the beginning and the Defendant paid interest to G on behalf of J, the Defendant did not intend to obtain money from the above Defendant.

The crime of fraud against the victim B is committed by the victim who arbitrarily borrowed 50 million won or more from the vehicle as security by E and who did not repay 20 million won or more, the victim filed a complaint against the defendant, and the defendant acquired 50 million won or more by deceiving the victim B.

shall not be deemed to exist.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

B. The sentence that the court below sentenced the defendant is too unreasonable in light of the fact that the defendant agreed to both with the victims and that the amount of the non-payment is not high.

2. Determination

A. The lower court’s determination as to the assertion of mistake of facts is based on the evidence duly adopted and investigated, namely, the following circumstances: (i) the Defendant and E, the victim B, having two benz used to cover KRW 25 million, including repair costs, can be sold at KRW 30 million, respectively.

The amount of KRW 50 million shall be sold at KRW 60 million on the face of the week and shall be KRW 5 million out of the proceeds of KRW 10 million.

“The Defendant paid KRW 50 million for the purchase cost of the vehicle; ② the Defendant invested KRW 50 million received through E to K and used KRW 50 million for a purpose unrelated to the purchase of the vehicle for the victim’s end, and ③ the Defendant was able to pay money to the victim B when he repaired and sells the vehicle ELK (GLK).

One of the arguments is that the said vehicle was sold and received the down payment.

유사 판례

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