(영문) 대전지방법원 2016.09.01 2016노200 (1)

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2016.09.01 2016노200 (1)

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the facts stated in paragraph (1) of the judgment of the court below, the defendant merely delivered the victim's horses to P upon request from A, and did not deceiving the victim as an officetel, and there was no intention to acquire them as a claim collection. (2) As to the facts stated in paragraph (a) of Article 2 of the judgment of the court below, the defendant has the right to subcontract to the victim with respect to the removal work following the construction of N apartment that can begin immediately from November 201, 201. (b) The defendant made investments of KRW 85 million to the victim, which would result in the full executor of the above money, and the profit would be above KRW 1 billion. The defendant did not deceiving the victim, and the representative director of T&O, who is the victim, did not have the intention to acquire money in the name of the creditor of T&O, in accordance with the direction of the court below.

3) With respect to the crime of Paragraph 2-b of the decision of the court below, the defendant stated that "the defendant would receive service charges from the contractor within one month when he pays 20 million won with the S-stock contribution" from the victim, and the selection of the contractor was unnecessary to prevent the victim from making a refund of the contribution. Therefore, there was no intention of deception and fraud. (b) The sentence of the judgment of the court below of unfair sentencing (one year and two months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Considering the difference between the spirit of the relevant legal doctrine and the first instance court and the method of evaluating the credibility of the appellate court, there are special circumstances to deem that the first instance court’s judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous, in light of the content of the first instance judgment and the evidence duly examined in the first instance court, or the evidence duly examined in the first instance

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