(영문) 서울남부지방법원 2018.06.22 2018노331

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(영문) 서울남부지방법원 2018.06.22 2018노331

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of trust against the victim C among the guilty portion of the lower judgment by misunderstanding the facts and misapprehending the legal principles (the violation of trust against the victim C), the Defendant did not receive an advance payment if he did not actually pay the advance payment as a member of the fraternity, in operating the number system as stated in this part of the facts charged (=800,000 won x 5).

Even if property damage was inflicted,

It is not possible to see that the defendant's existing obligations against the victim still remains, and therefore, the defendant gets any benefit.

Although it cannot be seen, the court below rendered a guilty verdict on this part of the facts charged, the court below erred by misunderstanding the facts or misunderstanding the legal principles on breach of trust, which affected the conclusion of the judgment.

B. Even if the sentencing was found guilty, the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. misunderstanding the facts and misapprehension of the legal principles, the Defendant alleged the same purport as the grounds for appeal at the lower court. As to this, the lower court consistently stated to the effect that: (a) the victim C was present at an investigative agency and subscribed to the five old accounts (4 million won per month for payment of the accounts = 800,000 won x 5 old accounts) of the instant case operated by the Defendant, as stated in the facts charged; (b) the Defendant appropriated the interest equivalent to the interest on the existing claims against the Defendant to the advance payment; and (c) the remainder of one million won was deducted from the principal amount at the time of the prosecutorial investigation; and (d) the Defendant specified the total amount of the Defendant’s claims against the Defendant at the time of the prosecutorial investigation; and (e) the Defendant paid the entire advance payment to C and I by April 2014.

On the other hand, the defendant made a statement to the victim C.

유사 판례

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