(영문) 부산지방법원 2016.01.22 2015노3567 | 리걸엔진

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Reasons

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자간(%)

(영문) 부산지방법원 2016.01.22 2015노3567

사기

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The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the instant facts charged, on the ground that the victim was aware of the Defendant’s financial status, lent money to the Defendant, used the money borrowed for the purpose notified by the Defendant, and obtained the consent of the victim when transferring the sales store. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The punishment of the lower judgment that was unfair in sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The summary of the facts charged is that the Defendant, around July 4, 2014, lent 325,000 won for every five days every five days, on the face of lending KRW 5 million to the head of the Si/Gun/Gu in Busan, Suwon-gu B lending 101, and the victim C (n, 61 years of age).

“The purpose of this paper is to request a lending of money.”

However, the defendant was a person with bad credit standing in 2010, and even if he was to pay money by selling good, he did not have the intent or ability to pay his debt as stated by the victim.

The Defendant received 3,50,000 won from the victim of the above fraud through the Busan Bank account of the Defendant-friendly job-friendly D at around that time, and acquired the pecuniary profits equivalent to the same amount, and then acquired the money by receiving 1,500,000 won in cash.

B. The lower court found the Defendant guilty of the aforementioned facts charged in full view of the admitted evidence.

(c)

According to the evidence duly admitted and examined by the court below, the following circumstances are recognized:

① The Defendant borrowed and used money from the victim prior to the instant loan, and introduced a person who borrowed and used money from the victim.

② According to the victim’s assertion, he was unable to receive approximately KRW 27 million from the Defendant at the time of the instant lending.

3. The victim is believed to have the credibility of the defendant, under investigation by the police.

유사 판례

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