(영문) 수원지방법원 2016.10.06 2016노4210 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.10.06 2016노4210

사기

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. On May 201, 201, Defendant 1: (a) around May 201, 201, Defendant 1 was aware of the fact that the crime of fraud (Article 1(1) was committed on or around May 2011; (b) the waste food recycling business, which the Defendant intended to promote with the borrowed money from the victim C, was feasible from the beginning; (c) the Defendant was immediately converted into another business after being aware of the fact that there was no profitability for the above business.

Therefore, the judgment of the court below which found the defendant guilty of this part of the fraud, is erroneous in the misapprehension of legal principles, even though the defendant did not deceiving the victim at the time of borrowing KRW 50 million from the victim on May 201, and the defendant did not have any intention to commit fraud at the time.

B) On July 2014, around July 2014, when the Defendant intended to promote fraud (Paragraph 2 of the market) with the money borrowed from the victim C around July 2014, the possibility of success was high, and the Defendant borrowed KRW 20 million from the victim even before the loan was made. Accordingly, the Defendant did not deceiving the victim at the time of borrowing KRW 20 million from the victim, and even if at the time, the Defendant did not have any criminal intent to commit fraud, the lower court found the Defendant guilty of this part of the fraud, and erred by misapprehending the legal doctrine, and by misapprehending the legal doctrine, the lower court sentenced to unfair sentencing (eight months) was too unreasonable.

B. Prosecutor 1 mistake of facts - The Defendant of the acquitted portion is aware of the fact that he received five million won from the victim C to raise funds for the waste food recycling business around April 27, 201, and then acquired 50 million won from the victim in order to raise business funds for the same name on or around May 2011. Thus, the Defendant should be deemed to have had the criminal intent to acquire 5 million won from the victim.

Nevertheless, this part of the above five million won is regarded as having no intention to commit fraud against the defendant.

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