(영문) 인천지방법원 2012.12.06 2012노2297 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2012.12.06 2012노2297

사기

Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of KRW 4,00,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not deceiving the victim of mistake or misunderstanding of legal principles, and even if the Defendant did not establish a crime of fraud, the lower court convicted the Defendant by misunderstanding facts or understanding the legal principles.

B. The sentence imposed by the court below on the defendant (the fine of 5,000,000 won) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes in the indictment of this case as stated in the following facts charged at the trial of the court below, and the subject of the trial was changed by this court’s permission. As such, the judgment of the court below was no longer maintained.

However, the defendant's assertion of mistake is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. The deception as a requirement for judgment of fraud as to the assertion of mistake of facts or misapprehension of legal principles refers to all affirmative or passive acts that have a good faith and good faith to be observed by each other in the transactional relationship. It is sufficient to say that it does not necessarily require false indication as to the important part of a juristic act, and that it is the basis for judgment for an actor to make a disposition of property which the actor wishes by omitting the other party in mistake. Thus, in a case where it is recognized that the other party to the transaction would not have been engaged in the transaction if he received a notice of certain circumstances, the person who receives the property is obligated to inform the other party of such circumstances in advance of such circumstances.

Nevertheless, it would be deceiving the other party by disregarding the fact that the notice is not given.

유사 판례

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