(영문) 서울북부지방법원 2020.01.31 2019노505

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Reasons

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자간(%)

(영문) 서울북부지방법원 2020.01.31 2019노505

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding misunderstanding of facts and misunderstanding of legal principles, joint management of personnel expenses was practically conducted, and the victim was aware that the defendant would operate the laboratory by joint management of personnel expenses. Therefore, the defendant committed deception against the victim.

It is difficult to see that the victim or the victim has committed a disposal act due to mistake.

In addition, the defendant paid all personnel expenses for the national research project received from the victim to the student research institute, and it cannot be said that the defendant had the intention to obtain the above money.

Nevertheless, the court below convicted the charged facts of this part. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

(2) The grounds for appeal are examined within the scope of supplement in case of legal grounds for appeal. (3) The grounds for appeal are examined. (4) The grounds for appeal are examined to the extent of supplement in case of legal grounds for appeal. (3) The grounds for appeal are examined. (4) The grounds for appeal are examined. (3) The grounds for appeal are examined. (4) The grounds for appeal are examined.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal doctrine and the evidence duly adopted and investigated by the trial court, the Defendant intended not to pay the full amount of personnel expenses to the student researchers, such as joint management of personnel expenses to be paid to the student researchers from the beginning to the beginning, using only a part of the personnel expenses, etc., but acquired the full amount of personnel expenses as stated in this part of the facts charged by deceiving the victim

유사 판례

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