(영문) 서울서부지방법원 2015.12.11 2015노1458

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(영문) 서울서부지방법원 2015.12.11 2015노1458

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to paragraph (1) of the crime in the judgment of the court below, as stated in the judgment of the court below, with regard to the remittance of KRW 37.1 million from March 16, 2009 to July 7, 2010 from the victim E as stated in the judgment of the court below, the defendant promised to issue a promissory note of KRW 70 million at the face value to the victim and pay it to the victim for this part of the obligation as the goods within the military freezing warehouse. Since the defendant had the intent or ability to repay to the defendant at the time, he did not deceiving the victim, and there was no intention to commit fraud.

(2) As to the crime No. 2 of the lower judgment’s holding, with regard to the remittance of KRW 75,870,000 from February 22, 2013 to November 28, 2013 as indicated in the lower judgment, by the Defendant as to the remittance of KRW 7,587,00 from the victim as the loan and the cost of goods, the Defendant would have 4.5 million from March 21, 201

4.1.Neither 4 million won nor 4.0 million won for the same year.

5. Around March, 500,000 won was paid, and the Defendant sold the F Co., Ltd. F (hereinafter “F”) that was operated by the Defendant to the victim for KRW 50 million against this part of the Defendant’s obligation. At the time, the Defendant did not deceiving the victim because he had intention or ability to repay, and there was no intention to commit fraud.

(3) Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. (1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the argument related to the crime No. 1 of the judgment of the court below, the defendant deceivings the victim without the intention or ability to pay the borrowed money properly as stated in the facts constituting the crime in the judgment of the court below, thereby deceiving the victim of KRW 37.1 million as the borrowed money.

유사 판례

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