(영문) 청주지방법원 2014.10.24 2014노419 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 청주지방법원 2014.10.24 2014노419

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) Of the crimes listed in the list 2 and 3 of the crime committed by the court below, the part where the victims provided cash to the defendant is merely the unilateral argument of the victims, and the defendant did not receive the said money. 2) The crimes listed in the table 2 and 2 of the crime committed by the court below are consistent with the defendant's receipt of cash with the expenses, etc. for collecting the unclaimed claim by K, but the defendant actually made efforts to collect the money through H and used the said money for expenses, etc., so the above money cannot be deemed to have been acquired by the defendant.

3) Of the crimes listed in the table 2 and 3 attached to the judgment below, the remaining parts of the crimes are not the defendant paid money to the victims under the name of expenses for collecting K's unrefilled claims, but the defendant received repayment of the principal and interest of the money that the defendant lent to the victims separate from this. B. The court below's judgment on the grounds of unfair sentencing (a punishment of one year for the crimes listed in the first and second crimes listed in the judgment of the court below, and two years for the crimes listed in the table 2 of the crime committed in the judgment of the court below is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances as revealed by the lower court regarding the assertion of mistake of facts, and recognized by the evidence duly admitted and investigated by the lower court, the fact that the Defendant, as stated in this part of the facts charged, deceiving the victims as if he/she would collect K’s unclaimed claims, and obtained KRW 325,200,000 from August 25, 2009 to July 14, 2012 from the date of receiving KRW 325,20,000 as an expense for debt collection or activity.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of law as alleged by the defendant.

1. The victims shall be at the time of the trial from the investigative agency to the court.

유사 판례

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