(영문) 서울중앙지방법원 2018.11.30 2018노2779

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(영문) 서울중앙지방법원 2018.11.30 2018노2779

사기등

Text

The judgment below

All convictions shall be reversed.

In the case of crimes Nos. 3 and 4, the defendant shall be punished by imprisonment for not more than two months.

Reasons

1. Summary of grounds for appeal;

A. As to the fraud against the victim D by mistake of fact, the Defendant received from the victim the U. S. passenger car as stated in this part of the facts charged and gave a siren to the victim and had the victim expressed his intent or ability to pay the victim the profit of KRW 850,00 per month.

B. The punishment of the lower court (two months of imprisonment, eight months of imprisonment) is too unreasonable.

2. The Defendant alleged that the Defendant had the same purport as the grounds for appeal in this part of the judgment below, and the lower court rejected the aforementioned assertion by specifically explaining the judgment on the grounds for conviction in 2.3 of the judgment of the lower court.

According to the evidence duly adopted and examined by the court below, all the circumstances and facts presented by the court below are recognized, and the victim believed that the defendant would make a profit by purchasing a vehicle of the U.S. and delivering the vehicle of the U.S. to the defendant, and that the defendant would make a profit by leasing the vehicle of the U.S. to the other party and pay 850,000 won per month.

The facts consistently stated to the purport that “” (Evidence 171, 172, 213, 239, trial records, 279, 280 pages) and the Defendant stated to the effect that “Iscoo scoo scoo scoo 40 poo scoo scoo scoo scoo scoo scoo scoo scoo scoo.”

“The evidence record 620 pages)” and “The victim shall pay 850,000 won per month to the victim and shall purchase the said U.S. vehicle. In fact, the vehicle intended to use it along with the female friendly Gu and pay monthly user fee.

Even if the statement was made to the effect that "(238 pages of evidence)", the defendant did not notify the victim of the background that he recommended purchase, and the defendant did not know the plan to pay monthly user fees differently from the fact, and the defendant gave consent to the use of the motor vehicle prepared by the victim.

유사 판례

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