(영문) 창원지방법원 2020.12.18 2020노2343 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2020.12.18 2020노2343

사기

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor by mistake of facts or misapprehension of the legal principles as to the acquitted portion, the fact that the Defendant had the victim apply for B loans to purchase a motor vehicle on or around December 27, 2017, and then acquired 222.6 million won by using the so-called "motor vehicle tin" around December 28, 2017.

B. The Defendant alleged unfair sentencing as to the guilty portion of the Defendant and the prosecutor’s guilty portion by asserting that the lower court’s imprisonment is too unreasonable, and the prosecutor asserts that the lower court’s punishment is too uneasible and unreasonable.

2. Determination

A. On December 27, 2017, the Defendant had the victim apply for “BB loan 2.6 million won” in the vicinity of the victim’s residence on or around December 27, 2017. On December 28, 2017, the Defendant got the victim to transfer the loan to the Mbank account (P) account in the victim’s name. On the same day, the Defendant acquired the vehicle purchase price under the name of the victim for the so-called “motor vehicle tin” by means of remitting KRW 22.6 million to the Jbank account in W under the name of the victim. (2) The lower court acquitted the Defendant of this part of the charges on the grounds stated in its reasoning.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below's judgment that acquitted the public prosecutor of this part of the facts charged does not err by misapprehending the legal principles or misapprehending the legal principles, as alleged by the public prosecutor.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant’s deceptions the victim who lacks intellectual ability on three occasions and defrauds the case of the instant crime with a total of KRW 78.6 million, and the Defendant knows that the Defendant’s credit status is good.

유사 판례

-서울남부지방법원 2014.01.17 2013노1601

-서울고등법원 2015.03.06 2014노3321

-수원지방법원 2019.09.23 2019노691

-의정부지방법원 2020.02.07 2019노523

-대구지방법원 2020.01.16 2019노1459