(영문) 대전지방법원 2017.10.25 2017노907 | 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) 대전지방법원 2017.10.25 2017노907

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding Defendants are merely aware of the victim’s speech that the victim’s horse was a serious material and did not pay the victim the victim with his/her own price after the purchase. Thus, the crime of fraud is not recognized.

B. The sentence of the lower court’s unfair sentencing (one year of suspended execution and 40 hours of community service order in each five-month imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the Defendants asserted the same purport in the lower court, and the lower court, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, found the Defendants guilty of the instant facts charged.

Accordingly, the Defendants did not accept the above assertion.

① At the time of the Defendants’ purchase from the injured party, it seems that the Defendants did not seem to have received the appraisal of the truth by the F Association, etc.

On the other hand, the Defendants determined to pay the amount calculated by adding the amount of KRW 50 to 100 to the price purchased by the injured party.

② The Defendants, for a half year, failed to pay the victim one-year period (at the same time, sent letters to the effect that payment of one’s own price would lead to a limited amount of money, and that the promise was not complied with) and attempted to return the victim’s own money only when the victimized party showed a move to file a complaint against the Defendants.

③ The Defendants received the F Association’s rulings on the gamblings purchased as above was conducted at the time when the damaged party filed a complaint against the Defendants, and the second police investigation was conducted.

④ Although the Defendants received the appraisal that the self-satisfy purchased from the injured party before the instant case, the Defendants continued to purchase the self-satisfy from the injured party.

In this respect, the victim's self-affort will appraise the truth of the F Association.

유사 판례

-대전지방법원 천안지원 2017.03.17 2016고단2205

-서울북부지방법원 2015.05.29 2012고정1452

-대법원 1997. 8. 22. 선고 96다26657 판결

-청주지방법원 영동지원 2016.02.18 2015고단220

-서울중앙지방법원 2017.10.19 2016고단3940