logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.05.26 2015노2381
사기등
Text

The judgment below

The part of each crime except the crime of paragraph (1) of paragraph (8) of the judgment of the court shall be reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) The Defendant committed fraud against the victim E (the crime of paragraph 1 of the judgment below) (the crime of paragraph 1 of the judgment below) by borrowing money from the victim, and the Defendant did not proceed properly, and the repayment was delayed, and the Defendant did not have any intention to repay or ability to repay.

2) The fact that the victim E interferes with the business of the victim (Article 3 of the judgment of the court below) (State) J is a company established by the defendant and operated by the defendant, so it cannot be established to interfere with the business based on the premise of another person's business.

3) The fact that L, upon request of the defendant, was in late payment of wages for L (the crime of Section 5 of the holding of the court below) was in late payment of wages for L, and the fact that L was in late payment of wages for L, but did not work as a member of D (State).

4) Fraud against the victim X (the crime of paragraph (1) of Article 8 of the judgment below) was committed by the Defendant in trading with the victim, and the Defendant paid the price of KRW 150 million as the price for the goods, and the portion not paid was not intended to acquire the price for the goods because of temporary financial difficulties.

B. Sentencing of the lower court’s sentencing (the imprisonment of 6 months with prison labor for the crimes of paragraph (a) of Article 8 as indicated in the lower judgment, and 2 years and 6 months for the remaining crimes as indicated in the lower judgment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the victim E, i.e., ① the Defendant borrowed KRW 10 million from the victim, and did not pay the above money in advance after a day, and the Defendant did not pay it. The Defendant paid KRW 2 million by June 25, 2013 to the victim and the victim until June 26, 2013, and prepared a loan certificate to pay the loan by August 30, 2013, but did not pay only KRW 17 million until June 26, 2013; ② the Defendant made a police statement from the police statement on December 31, 2013.

arrow