(영문) 서울고등법원 2014.05.29 2013노3429 | 리걸엔진

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(영문) 서울고등법원 2014.05.29 2013노3429

사기등

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The judgment of the first instance shall be reversed.

Imprisonment with prison labor for a crime No. 1, which is set forth in the judgment of the defendant, two years.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant promised to repay the borrowed money to the victim within two years at the time of borrowing the money from the victim E, and there is no promise to repay it within one month. 2) At the time of borrowing the money from the victims, the Defendant was carrying out the Seongbuk-gu Nan apartment construction project, the construction project of Pyeongtaek-gu apartment complex construction project, and the new construction project of Pyeongtaek-gu apartment complex construction project, etc., and the success of the above project was sufficiently predicted. However, the domestic construction project thereafter was not performed within the due date for payment to the victims.

B. The first instance court's sentence (the first instance court's sentence 1: imprisonment with prison labor for 2 years and imprisonment for 10 months) against the defendant is too unreasonable.

2. Determination:

A. 1) The defendant, in borrowing the money from the victim E, agreed to pay the total amount of KRW 2.7 billion within two years, but the interest rate of KRW 1.5% per annum and to pay the amount of KRW 800 million per annum to the victim as interest. However, the defendant asserts that there is no promise to pay the victim the amount within one month. The defendant, as evidence consistent with the defendant's lawsuit, at the time of filing a complaint with the defendant around July 2006, the investigative agency stated that "the defendant, when he first borrowed the amount of KRW 7.5 million from the end of July 2006, 206, there was a statement that "the defendant would have expressed that he would pay the interest amount of KRW 80 million with the interest amount of KRW 63,000,000,000,000 from May 2006 to July 25, 2006."

On July 25, 2006, 2000 billion won was lent to repay until August 16, 2006, and on July 29, 2006.

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