(영문) 수원지방법원 2017.06.16 2017노1901 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.06.16 2017노1901

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. In relation to the receipt of each amount of money in the crime No. 23, 30, 33, 34, 37 through 40, 42, 43, 45, 46, 47, 50 through 55, 68, and 69 of the criminal facts stated in the judgment of the court below, among the criminal facts No. 1 of the judgment below, as stated in the judgment of the court below, the criminal intent was not received for the second time, but for the acquisition of the defendant.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts also asserted the same purport as the grounds for appeal, and when considering the current status of the loan in the investigative agencies of the victim and the statements at the court of the court below consistent and specific, the court below rejected the defendant's assertion on the ground that the defendant received money from the victim as stated in the judgment of the court below and received money from the victim as the purchase price of the attached crime 50 million won, excluding the remaining money 6 million won from 50 billion won from 50 billion won from 500,000 won from 50,000 won from 50,000 won, and the following circumstances acknowledged by the evidence of the judgment: (i) if the defendant borrowed money from the victim and paid it to the victim, i.e., he continuously borrowed money from the victim by means of "the so-called "the so-called "the return prohibition", and (ii) the defendant was unable to pay the money borrowed from the victim.

In addition to the above circumstances admitted by the court below, the following circumstances acknowledged by each of the above evidences are revealed: ① The victim made a concrete and consistent statement on the grounds of payment of each of the above money, as seen above, while the defendant specifically explained the grounds of payment whenever receiving the money from the injured party.

8.2

유사 판례

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-광주지방법원 2016.01.14 2015고단4146

-대전지방법원 서산지원 2018.04.20 2017고단671