(영문) 수원지방법원 2015.09.11 2015노3913 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2015.09.11 2015노3913

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding (the fraud against the victim E) the Defendant did not call for the victim E to the effect that the construction cost needs to be paid while building a building in the board as stated in the facts charged of this case.

In addition, as stated in the facts charged in this case, the Defendant merely borrowed KRW 170 million from the victim E, not from the victim E, but merely borrowed KRW 170 million from the victim E, and the remainder except for KRW 17 million was fully repaid, and had the ability and intent to repay the borrowed amount to the victim E.

Therefore, among the facts charged in the instant case, the lower court found the Defendant guilty by misunderstanding the facts by taking the victim E’s statement, etc. without credibility as evidence, even though it was acquitted of the fraud of the victim E.

B. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, even if the Defendant borrowed money from the victim E for construction expenses, it can be acknowledged that the Defendant did not receive KRW 260,540,050 from the victim E and did not repay the money.

Therefore, the defendant's assertion of mistake is without merit.

① The victim E stated that the Defendant’s establishment of a building in the board and lending of the construction cost would be 12,240,000 won to the account, and that the Defendant paid a total of KRW 158,30,000 in cash and lent a total of KRW 260,05,000 to the account.

Unlike the statement in an investigative agency, victim E stated in the court below that the total amount of loans is not 29,6540,000 won, but 26,0540,000 won, which appears to be due to mistake, and there is no reason to suspect the credibility of the statement.

In addition, the statements of the victim E are made.

유사 판례

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