(영문) 서울서부지방법원 2018.02.08 2017노972

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(영문) 서울서부지방법원 2018.02.08 2017노972

사기

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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 one year from the date this judgment becomes final.

Reasons

1. According to the summary of the grounds for appeal (not guilty on the grounds of the judgment below), the court below acquitted the Defendant of this part of the facts charged on the ground that the Defendant, by deceiving the victim D (hereinafter “victim”) and remitting the money from the victim on June 1, 2013.

2. On May 1, 2013, the summary of this part of the facts charged, the Defendant, at the office of the Defendant located in the fourth floor of the Dong-dong building C, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, and the fact, despite the victim’s intent or ability to pay the profit to the victim D, the Defendant, despite the absence of an intent or ability to pay the profit to the victim D, by false means, received KRW 20 million from the victim to the Defendant’s new bank account (F) with his father E (hereinafter referred to as “the victim’s new bank account”) on June 1, 2013.

3. The lower court determined that this part of the facts charged was acquitted on the following grounds.

The victim stated in the court below that ① 5 million won, which was remitted to Defendant’s side account on June 1, 2013, was sent to G at G’s request, and ② the victim received the consent of the victim upon the request of the victim to change the profits to be invested in the Internet game business. If the above 5 million won was the same, even if there was an agreement between the Defendant and the victim in lieu of the victim’s Internet game business investment amount, then the defrauded acquired money by deception.

In addition, it is not sufficient to recognize that the defendant acquired the above five million won only with the evidence submitted by the prosecutor.

4. The following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by the first instance court, i.e., the victim from the investigative agency to the lower court and the first instance court.

유사 판례

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