(영문) 서울서부지방법원 2019.06.20 2018노1480

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(영문) 서울서부지방법원 2019.06.20 2018노1480

사기

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the fraud committed on February 28, 2014), the Defendant, from February 201 to February 201, paid the registration fee for the Foundation at the request of G with the belief that the establishment of the Foundation was actually carried out. From January 201 to February 201, the Defendant borrowed 4 million won from the land owners, such as F, to transfer the said borrowed money to G for registration expenses, and received the said borrowed money from the victim on February 28, 2014. Accordingly, the Defendant cannot be said to have committed deception without the intention to commit fraud. 2) The lower court’s punishment (a fine of KRW 2 million) against the Defendant of unfair sentencing (a fine of KRW 2 million) is too unreasonable.

B. A prosecutor 1) misunderstanding of facts (the fraud around December 2012) is recognized that the Defendant had the intent to commit the crime of defraudation by receiving KRW 20 million from the victim for personal purposes and using KRW 15 million among them as a military service company without confirming the specific contents of the establishment business of the Foundation of this case, which is feasible business, and whether the establishment procedure and the procedure for registration of the service company have been taken place. Nevertheless, the lower court acquitted the Defendant on this part on the ground that the Defendant did not have any criminal intent to defraudation. (2) The lower court’s punishment on the illegal sentencing is so unreasonable that it is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court on the Defendant’s assertion of mistake of facts (the fraud on February 28, 2014), the following circumstances are recognized.

1. Even if the Defendant’s assertion is based on the Defendant’s assertion, the Defendant had already lent money to G with the registration cost, so even if the Defendant received KRW 4 million from the victim, it could not be used as the registration cost.

Nevertheless, the Defendant, on February 28, 2014, filed for registration of the Victim’s Foundation on February 28, 2014, and sought a general meeting of KRW 27 million due to the lack of KRW 7 million.

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