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(영문) 서울중앙지방법원 2016.08.11 2016노1132
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (1) Of the amount stated in this part of the facts charged as to Article 1 of the facts charged in the judgment of the court below, the victim D who was in an internal relationship with the victim shall be a donation without any condition to the defendant.

The funds borrowed under the remaining business fund are to be repaid if the defendant's business is well-grounded without separately determining the due date for payment by the victim. Thus, it is merely a failure that the defendant actually conducted the business by using the borrowed money, but did not change it by failure. Therefore, there was a criminal intent that the defendant committed a fraudulent act or acquired by deception against the defendant.

However, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of this part of the facts charged.

(2) On December 2013, 2013, the Defendant returned to E the principal of the investment in the loan of this case, acquired his investment shares, and then transferred his shares to the victim after receiving the amount of the investment principal from the damaged party. The E’s investment shares per se do not extinguish due to the Defendant’s act, but the E’s investment shares per se were considerably poor at the time of the occurrence of the market price of the loan of this case. As such, only the amount equivalent to the principal of the investment was paid to E, thereby causing damage to the transferee of E’s investment shares or having affected the victim’s decision-making.

that the defendant had an intent to obtain unlawful

shall not be effective.

Therefore, there was a criminal intent to commit a deceitful act or a criminal intent to acquire by deception against the defendant.

As such, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty of this part of the facts charged.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. misunderstanding of facts and misapprehension of legal principles.

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