(영문) 대전지방법원 2014.02.13 2013노2134 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2014.02.13 2013노2134

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts ① In relation to the fraud against the victim C, the Defendant provided the victim with the vehicle as security at the time of borrowing KRW 4 million from the victim, and the victim acquired the price by disposing of the said vehicle. ② In relation to the fraud against the victim D, the Defendant was merely unable to engage in the vehicle transaction due to the occurrence of a circumstance in which the said victim was engaged in a middle and high-speed sales business. Therefore, there was no fact that the Defendant acquired money by deceiving the victims. 2) The sentence of unfair sentencing (one month of imprisonment) by the lower court is too unreasonable.

B. The above sentence of the court below by the prosecutor is too unhued and unreasonable.

2. Determination

A. First of all, the defendant's assertion of mistake of facts is based on the following circumstances, which are acknowledged by the court below as being comprehensively taken into account the health stand in relation to the fraud of the victim C, the evidence duly adopted and examined by the court below, namely, ① from the investigative agency to the court below, the victim consistently stated that "it is only a vehicle to use money as a purchase cost for the vehicle to the defendant, and there is no reason to receive the above vehicle temporarily, on behalf of the defendant, in lieu of four million won," and ② even according to the defendant's assertion, the victim did not have the ability to pay money in cash at the time of borrowing money from the victim, and the vehicle was used as a security for the victim one week after borrowing money from the victim, and the defendant did not provide the defendant with documents, etc. that can dispose of the vehicle at the time of leaving the vehicle to the victim, and in relation to this, the above vehicle was used as a security by borrowing money from the defendant to the K court, and in relation to this, the K court held the above vehicle as security.

After that, the defendant paid money to the defendant and received the above vehicle.

유사 판례

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