(영문) 수원지방법원 2018.01.10 2017노1607 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2018.01.10 2017노1607

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, at the time of borrowing the instant loan, had been employed as an office worker in the law firm, and thus there was a certain amount of income. Although the instant loan was not used as an auction deposit which was originally planned to be used, the Defendant used the instant loan as investigation expenses while attending the site to receive other auction goods.

Therefore, even though the defendant did not have the scope of fraud at the time of the loan of this case, the court below erred by misunderstanding the facts.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, namely, the defendant, at the time of the loan of this case, will use the above money as a bid bond for the auction and auction building, and if the above building was awarded a successful bid, the defendant will be able to operate the fluence or fluence with the victim.

In light of the fact that the Defendant already consumeds most of the money borrowed from the injured party before the above auction date (Evidence No. 1, No. 32, No. 33 of the evidence record), etc., the Defendant can sufficiently recognize the Defendant’s intent to commit the crime of defraudation at the time of the loan of this case. Thus, the above argument by the Defendant is without merit.

B. The fact that the Defendant repaid the amount of KRW 17 million out of the amount of KRW 20 million, which the Defendant acquired by deception from the injured party, and the fact that the Defendant agreed with the injured party is favorable to the Defendant.

However, the Defendant has already committed the instant crime without being aware of the fact that he was sentenced to a fine due to fraud, the suspension of the execution of imprisonment, as well as the punishment, and again committed the instant crime.

Even though a considerable period of time has elapsed since the provision of money from the injured party, the entire damage has been made until now.

유사 판례

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