(영문) 서울서부지방법원 2016.01.21 2015노1774

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2016.01.21 2015노1774

사기

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The victim I (hereinafter “victim”) entered into a sales contract on the charge charge lawsuit owned by H Co., Ltd. (hereinafter “H”) on January 16, 2012 as the Defendant’s intermediary, and on the following day, the Defendant paid KRW 30 million to the Defendant, and the Defendant paid KRW 20 million in advance and the remainder of KRW 10 million.

Therefore, the court below found the Defendant guilty of KRW 20 million and KRW 3 million, which the Defendant received from the injured party on the date and time stated in the facts charged, as a broker fee was paid in accordance with the above agreement. Thus, even if the crime of fraud was not established, the Defendant was guilty of KRW 5 million out of KRW 20 million and KRW 3 million, which the Defendant received.

2) The sentence of the lower court’s unfair sentencing (a sum of three million won) is too heavy.

B. In full view of the following: (a) the statement made by the victim of misunderstanding of facts is consistent; and (b) the Defendant agreed to receive KRW 15 million from the victim, if the Defendant did not need to receive money from the victim on the ground that he/she would pay fees to E; and (c) the Defendant made false statement that he/she demanded the victim to introduce E around January 19, 2012, thereby deceiving the victim of KRW 20 million from the victim.

Despite the recognition, the court below found the defendant not guilty of the 15 million won portion, which is erroneous in the misconception of facts.

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

2. Determination

A. On January 19, 2012, the Defendant and the Prosecutor’s assertion of mistake as to the fraud of KRW 20 million on the part of the Defendant and the Prosecutor’s 1) The summary of this part of the facts charged and the judgment of the lower court is that the Defendant runs the loan brokerage business at the office of the Co., Ltd. D (hereinafter “D”) with the fourth floor of Mapo-gu Seoul Metropolitan building.

Whether the Defendant, around September 201, received a loan from E and F as collateral to pay the remainder of H in Boan-si, G in Boan-si.

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