(영문) 수원지방법원 2018.10.26 2018노3075 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 수원지방법원 2018.10.26 2018노3075

사기

Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds of appeal 1) The Defendant, misunderstanding the facts and misunderstanding of the legal principles, the Defendant, when lending a credit card, believed the F to use the card and to make a settlement of the credit card price, and delivered the F credit card to the F.

Therefore, the lower court found the Defendant guilty of the facts charged in this case by misapprehending the legal doctrine, even though it is impossible to recognize the intent or deception of the victim B corporation.

2) The sentence of the lower court (an amount of KRW 5 million) that is unfair in sentencing is too unreasonable.

2. On August 26, 2004, the summary of the facts charged of the instant case was issued B (the card number C; hereinafter “the instant card”) under the name of the Defendant after the Defendant agreed to pay the amount of use of the card according to the interest rate set on the fifth day of each month when the Defendant applied for membership and issuance of the card to the victim B Co., Ltd. through the card recruiter.

In fact, even if the above card was used, the Defendant paid 5,00 won from D’s “D” located in Seoul on December 9, 2009, even though there was no intention or ability to pay the use price of the card on the settlement date, and around that time, the Defendant paid 12,339,700 won in total over 120 times from that time to February 18, 2010 as indicated in the daily list of crimes attached to the lower judgment, or acquired pecuniary benefits using cash services.

3. Determination 1 on the assertion of misunderstanding of facts and misapprehension of legal principles) The lower court rendered a judgment of conviction against the Defendant by taking account of the evidence so decided.

2) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court’s judgment, the evidence alone submitted by the prosecutor is insufficient to recognize the intent of the Defendant by fraud.

① The Defendant had no intent and ability to settle the use price of the instant card from December 2, 2009 to February 2, 2010.

It is difficult to readily conclude.

The Defendant issued the instant card from August 2004.

유사 판례

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-인천지방법원 2017.06.30 2017고단1185

-의정부지방법원 2016.07.26 2016고단2078