(영문) 대구지방법원 2017.04.28 2017노245 | 리걸엔진

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Reasons

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자간(%)

(영문) 대구지방법원 2017.04.28 2017노245

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant had the intent and ability to divide profits in proportion to the rate of return made to the victim E by receiving the price such as speech and speech from the customers with respect to the crime No. 1-A. of the judgment of the court below, and therefore, there was no intention to commit fraud.

2) In the case of the crime No. 1-A(a) of the criminal facts as indicated in the judgment of the court below, the Defendant received part of the price of alcohol, alcohol, etc. from the customer in the case of the crime No. 8 of the crime as stated in the judgment of the court below, and paid to the victim E, such part shall be deducted from the amount of fraud.

B) The Defendant’s crime No. 1 of the judgment below

B. (1) In relation to paragraph (1), the amount of defraudation of the above criminal facts is the amount of money such as alcohol and alcohol at the time of settling the card. In fact, there was an agreement between the victim H and the defendant that the amount of money such as alcohol and alcohol should be calculated not by the card but by the cash settlement street. Therefore, the amount of defraudation should be calculated based on this agreement.

C) As to the crime No. 1-A in the judgment of the court below as to the above crime No. 1-A, the defendant's allowance (20% out of the price of speech and speech, etc.) is included in the amount obtained by deceit of the above crime, and No. 1-

B. (1) Since V paid KRW 700,000 to the victim H in relation to paragraph (1), each of the above parts must be deducted from the amount of fraud.

3) The defendant involved in the intrusion of a structure is subject to criminal facts stated in the judgment below.

B. In relation to paragraph (2), the victim H does not constitute the intrusion of a structure, as the victim H informed the password number of the entrance number and enters the J points for the operation of the victim H.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. In full view of the following circumstances admitted by the lower court based on the evidence duly admitted and investigated, the Defendant’s criminal facts No. 1-A of the lower judgment.

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