(영문) 광주지방법원 2016.04.12 2015노2690 | 리걸엔진

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Reasons

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자간(%)

(영문) 광주지방법원 2016.04.12 2015노2690

사기

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) In relation to the crime list Nos. 1, 3, and 6 as indicated in the judgment below, on the ground that the victim’s statement was not consistent, the defendant had the intent or ability to pay five million won, borrowed from the injured party, and had the intention or ability to pay the installments for the car.

In light of the above, the judgment of the court below which acquitted the defendant is erroneous.

2) The sentence of the lower court’s unfair sentencing (the crime of Class I as indicated in the lower judgment: imprisonment with prison labor for 2 years, and the crime of Section II as indicated in the lower judgment: imprisonment with prison labor for 6 months) is too uneasible and unfair.

B. Defendant 1) The lower court found Defendant guilty on the ground that Defendant 1 obtained the victim’s permission due to the relationship with the victim N, even though he did not have any intent to commit a crime by deception, there is an error of mistake of fact in the lower court.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. Examining the evidence duly adopted and examined by the court below as to the prosecutor's assertion of mistake of the facts, the court below is not sufficient to recognize the criminal intent of defraudation in the criminal act of fraud, such as the facts charged in the judgment below, even if all the evidence submitted by the prosecutor are based on all the evidence presented by the prosecutor, and therefore, the prosecutor's assertion that the court below acquitted the defendant about this part of the facts is groundless.

B. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s assertion of mistake of facts, i.e., ① the Defendant’s transfer of KRW 53,500,000 from the Victim N, or delivery of cash or payment of credit cards by the victim, such as the Defendant’s list of crimes Nos. 2, 4, 5, 7, 8, and 9 as indicated in the lower court’s holding, and ② the Defendant did not complete payment of the Defendant’s credit cards; ② the Victim N is money for the same reasons as indicated in the list of crimes No. 2, 4, 5, 7, 8, and

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