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Reasons
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(영문) 수원지방법원 2019.10.24 2019노4534
사기등
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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The lower court erred by misapprehending the facts as set out in the following, and thereby erroneously calculated the amount of damage arising from the fraud of the victim BW, BX, and B (2019Kadan256) among the facts charged in the instant case. (A) In relation to the fraud of the victim BW, the Defendant first received some of the total transport charges of KRW 15,50,000, which the Defendant should pay to the victim BW, and some of the amount was offset. Ultimately, the total transport charges that the Defendant did not pay to BW are more than KRW 7,750,00.

B) With respect to the fraud against the victim BX, the Defendant’s total transport charges of KRW 15,850,00,000, which the Defendant paid to the victim BX, are offset by the tax and oil supply charges that the Defendant paid on behalf of the victim. Ultimately, with respect to the fraud against the victim B, the total transport charges of KRW 9,826,70,000, which the Defendant did not pay to the victim BX, are merely KRW 35,700,000, out of the total transport charges that the Defendant would pay to the victim BZ, the total transport charges of KRW 32,70,000,000, which the Defendant paid to the above victim on May 4, 2017, should be deducted from the amount of damage. Accordingly, the total transport charges of KRW 32,700,000,000.

2) The lower court’s sentence against the Defendant of unreasonable sentencing (a three-year imprisonment is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. The judgment of fraud as to the defendant's assertion of mistake of facts is a crime established by deceiving another person to acquire property or pecuniary gain based on the defective intent resulting from such deception. The essence of the crime is the acquisition of property or pecuniary gain by deception, and it does not require that the other party actually suffers property loss, and Supreme Court Decision 2003Do7828 Decided April 9, 2004.

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