(영문) 부산지방법원 2013.10.18 2012노2335 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2013.10.18 2012노2335

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On November 25, 2008, the fraud against the victim C on November 25, 2008, when the defendant transferred the right to operate the EM store to F, it refers to such circumstances to the victim C for the purpose of returning the transfer proceeds to the wind to cancel the transfer contract by F, and thus, the defendant did not deceiving the above victim, and even if it is acknowledged that the defendant deceivings the above victim, it is not for the personal benefit of the defendant, but for the defendant to receive a return of the right to operate the EM store from F, so it cannot be said that the defendant has the criminal intent to commit fraud.

B. The Defendant committed fraud against the victim I merely borrowed KRW 10 million from I on the condition that C repays with C’s good offices in a situation where C had a claim to be repaid by C, and not by deceiving I, nor by deceiving I.

C. On April 8, 2009, the Defendant could not be deemed to have deceiving the said victim since he knew that: (a) fraud against the victim C on April 8, 2009 against the victim was received from the Maritime Affairs Office of Education; and (b) the victim C would also be used as the use fee for the J Middle School shop.

Therefore, the judgment of the court below which convicted each of the facts charged of this case is erroneous in misconception of facts.

2. Determination

A. On November 25, 2008, the fraud of the victim C, which was duly adopted and investigated by the court below, is acknowledged as follows. ① The victim C, consistently from the investigative agency to the court of the court below, stated that the Defendant changed the use of KRW 10 million for the use of the EM store usage fees, ② the cash loan certificate (No. 1st page 53 of the evidence record) also includes the statement that the reason for the borrowing of money was “the EM substitute payment reserve”. ③ The Defendant is the Shipping Office of Education at the time of the third examination of the suspect by the police up to the time of the third examination.

유사 판례

-수원지방법원 2019.11.21 2015고합24 (1)

-부산지방법원 2012.07.13 2011고단4358

-청주지방법원 2016.12.16 2016노767

-서울중앙지방법원 2016.11.10 2015고단4527

-서울서부지방법원 2013.08.30 2013고단866