(영문) 인천지방법원 2017.09.22 2017노351 | 리걸엔진

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(영문) 인천지방법원 2017.09.22 2017노351

사기

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant had been promoting a normal franchise business, and there was no intention to commit fraud, as such, there was no intention to commit fraud.

Nevertheless, the judgment of the court below that recognized the defendant's crime of fraud is erroneous, which affected the conclusion of the judgment.

B. The sentence of the lower court against an unfair defendant in sentencing (the imprisonment of six months, the suspension of the execution of two years, and the community service order of 80 hours) is too unreasonable.

2. Determination:

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the first instance court as to the assertion of misunderstanding of facts, the criminal intent of the Defendant is sufficiently recognized.

1) From July 2015, the Defendant began to gather investors for the inter-place franchise business from around July 2015. At the time, the Defendant had already borne KRW 200 million as the previous business failure.

2) The Defendant did not have a chip franchise business as a main part of the business, and only had a closed plan to increase the franchise franchise franchise franchise store by gathering investment amount of KRW 300 million from others.

3) However, the so-called “monthly” method in which the Defendant collects investment money was the method of paying daily regular investment principal and high-rate revenues regardless of the business revenue by changing the form of one-day loan. However, even though the business revenue was not carried out in full scale, it was inevitable to proceed with the method of returning existing investment money and profits with a new investment money in return.

In addition, the "prohibiting the return" method that guarantees the profits of these high rates does not enter a new investment fund, and it is a structure in which the investment fund is bound to be damaged by existing investors on the floor or side.

4) Nevertheless, the Defendant would normally be able to conceal these circumstances and make a normal use of profits from the business of a prison.

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