(영문) 서울중앙지방법원 2017.09.15 2017노2405

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(영문) 서울중앙지방법원 2017.09.15 2017노2405

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant made the victim’s instant gold neck or the gold purchased by the victim with quasi-indembing and melting it as it is, thereby creating a counter-influence of the Defendant’s net gold 9.5% or more to the victim.

there is no fact, and there was a criminal intent to obtain fraud from the defendant.

It is difficult to see it.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Progress of litigation;

A. The lower court found the Defendant guilty of the instant facts charged and sentenced the Defendant to a fine of KRW 2 million.

B. The Defendant appealed against the judgment of the court below prior to remand.

Before remanding, the instant facts charged was proven without reasonable doubt.

The judgment of the court below cannot be seen, and the defendant was reversed and acquitted.

(c)

Before the remand of the judgment, the prosecutor rendered the judgment before the remand, and the Supreme Court reversed all the judgment of the party before the remand and remanded.

3. In light of the following circumstances acknowledged by the lower court’s judgment as to the Defendant’s assertion and the evidence duly admitted and examined by the lower court prior to the return, the Defendant would make the Defendant’s net gold-down to the victim at least 9.5%.

It is possible to recognize the fraudulent facts and to recognize the criminal intent of defraudation by the accused.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

① Inasmuch as it is clear that the degree of the first half of the instant case, which the Defendant produced to the victim, was merely 92% or 95% as stated in the instant facts charged, the key issue of the instant case is whether the Defendant and the victim agreed to produce and supply the first half of the first half of the instant case, unlike the above net degree, to supply the first half of the instant case.

② The Defendant indicated 24 K on the instant stone’s reflector, and either marhh.

유사 판례

-서울중앙지방법원 2017.01.19 2016노852

-대법원 2017.06.29 2017도2567

-서울중앙지방법원 2016.02.18 2015고정1040

-대법원 2017. 6. 29. 선고 2017도2567 판결

-서울중앙지방법원 2018.08.22 2017가단56644