logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.09.28 2012노2567
사기
Text

The judgment of the first instance shall be reversed.

The defendant shall be innocent.

Reasons

1. misunderstanding of the substance of the grounds for appeal and misunderstanding of legal principles (the defendant notified the victim C, who had been at the time, to the extent that it is difficult for the company to operate funds due to the shortage of operating funds, and borrowed money from the victim with delegation from the victim, and the victim incurred losses due to the decline in the share price. As such, the defendant did not receive money from the victim with the intent to commit the crime of deception or under the name of share investment). The judgment of the court on the grounds of unfair sentencing is examined as to whether the defendant had the criminal intent to acquire funds and share investments from the victim at the time of acquisition of the funds from the victim, and as to whether the defendant had the criminal intent to obtain the funds from the victim, the first instance court duly adopted and investigated the evidence, namely, ① the defendant was able to obtain money from the victim and did not receive money from the victim, and ② the defendant did not receive money from the victim with no intention to complete payment of the money from the victim, ② The defendant's statement to the investigative agency and the court of first instance that it could not be reversed up to the defendant's statement.

arrow