logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2013.12.11 2013노444
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Reasons

1. Summary of grounds for appeal;

A. Error 1) Since the Defendant was aware that even if he disposes of the instant vehicle, even if he was aware that he succeeded to the remainder of the installment, it cannot be deemed that interference with the exercise of rights is constituted, or the Defendant is not recognized as a crime of interference with the exercise of rights. 2) The Defendant merely used only part of the bank loan KRW 100 million as casino gambling funds at the time. Since the instant lending company confirmed credit information and the current status of loan and repaid it normally, it cannot be deemed that there was a deception, or that the Defendant was a crime of fraud.

B. The sentence of unfair sentencing (six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. 1) According to the evidence duly admitted and examined by the court below as to the assertion of mistake of fact, the defendant can be found guilty of all of the charges. Thus, this part of the defendant's assertion of fraud is without merit. 2) According to the evidence duly admitted and examined by the court below as to the argument of mistake of fact, the defendant's assertion of this part of the charges against the defendant is not justified.

B. As to the assertion on unfair sentencing, the crime of this case is not less than the nature of the crime and the crime in light of its content. However, the Defendant was the primary offender who had no record of criminal punishment. The Defendant’s payment of the obligation to the victim Neneraec Loan Co., Ltd., and revoked the complaint against the Defendant, and the Defendant continued to pay the remainder to the victims.

arrow