(영문) 인천지방법원 2016.08.26 2016노1826 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.08.26 2016노1826

사기

Text

The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

The defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. (1) In regard to the fraud against the victim G (2015 highest 6091), there is no fact that I does not request the third party to discount the face value of KRW 100 million and is in custody and there is no damage to the victim G. Therefore, KRW 100 million should be deducted from the amount of fraud.

(2) As to the crime of fraud against the victim D (2015 highest 7392), the Defendant did not deceiving the victim D, and the Defendant did not have any intention to defraudation because he had the intent to repay and the ability to repay at the time.

B. The sentence of the lower court (two years and six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below duly adopted and examined the crime of fraud against the victim G (2015 highest 6091) by the court below, the defendant can sufficiently recognize the fact that the defendant, by deceiving the victim G, received a copy of an electronic bill 10 million won per face value and a face value of KRW 98 million per face value, and the content of the defendant's assertion is nothing more than the situation after the crime has already been completed, and there is no evidence to support the fact that the bill is in custody of KRW 100 million per face value until now. Thus, the defendant's assertion of mistake of this part is not acceptable.

(2) Comprehensively taking account of the evidence duly admitted and examined by the court below as to the crime of fraud against the victim D (2015 high group 7392), the defendant could sufficiently recognize the fact that the defendant acquired property profits by deceiving the victim D to secure the maximum amount of KRW 202,80,000 on the apartment owned by the victim and receiving approximately KRW 169,00,000 on the apartment owned by the victim, even though he did not have the intent or ability to repay the loan. Thus, the defendant's assertion of mistake in this part is without merit.

B. As to the illegal assertion of sentencing, the nature of the crime is not somewhat weak in light of the method of the crime in this case and the size of the amount of fraud.

유사 판례

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