(영문) 의정부지방법원 2017.03.17 2016노3537

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(영문) 의정부지방법원 2017.03.17 2016노3537

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

All of the applicants' applications for compensation are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles) The Defendant did not encourage the victims to make an investment at the same time and place as stated in the facts constituting an offense in the lower judgment, or made an advertisement soliciting investment in the newspaper as alleged by the victim H.

2) The Defendant explained the victim C, D, and G of the progress of the risk-free non-performing loan business to the victim C, D, and G in detail, and also explained the financial situation of the Defendant and the Defendant’s J (hereinafter “J”).

Victim H has invested himself with knowledge of the risk of non-performing loan business.

Therefore, there was the criminal intent of deceiving or deceiving the victims.

shall not be deemed to exist.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. Determination on the misapprehension of facts or legal principles 1) The relevant legal doctrine is established by deceiving another person to make a mistake by inducing a dispositive act, thereby obtaining property or pecuniary gains. The relationship between deception, mistake, and property disposal is required. On the other hand, what act constitutes a deception that causes a mistake to another person, and whether such deception and disposal of property are related to a mistake should be determined generally and objectively, taking into account the specific circumstances at the time of the act, such as the transactional situation, the other party’s knowledge, character, experience, occupation, etc.

Therefore, in a case where the defendant's act of disposal of the victim's property or the defendant's act that caused such disposal of property is closely related to the failure or performance of any business as directed by the defendant, the existence of deception or the relation with the person can not be determined simply on the basis of the defendant's financial power or credit status, and the relationship between the victim and the defendant, the awareness and involvement of the victim in the business concerned, and

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