(영문) 대전지방법원 2020.01.22 2019노953 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2020.01.22 2019노953

사기

Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. In full view of the following circumstances: (a) misunderstanding of facts (the fraud against the victim B) (the defendant used to pay the amount of money received from the victim B for the pre-existing credit transaction; (b) the defendant's statement on the process of receiving money from the victim B is inconsistent; (c) the victim consistently stated in the investigative agency and the court below that "the defendant returned a considerable portion of the goods supplied by the defendant from the defendant"; and (d) around December 24, 2015, it was difficult for the defendant to repay KRW 30 million received from the victim B in light of the financial situation of the defendant around December 24, 2015; and (e) it is recognized that the defendant deceiving the victim B by means as stated in this part of the facts charged and acquired KRW 30,00,000 by deceiving the victim B by means as stated in this part of the facts charged. Accordingly, the judgment of the court below acquitted the charge of this part is erroneous in the misapprehension of unfair sentencing (4.2).

B. Defendant 1) In fact, it is true that the Defendant did not pay KRW 7,575,00 to the victim C even though the Defendant was granted the goods specified in this part of the facts charged despite having been granted the goods specified in this part of the facts charged. However, the Defendant agreed to pay KRW 5,075,00 after deducting KRW 2,50,000 from the price of the goods due to the occurrence of the goods from the victim C and the above goods, and the Defendant’s failure to pay KRW 5,075,00 has deteriorated the financial situation of the Defendant. Therefore, the Defendant could not be deemed to have obtained KRW 7,570,00 by deceiving the victim by means as stated in this part of the facts charged, so the lower court’s conviction of this part of the facts charged is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The lower court’s judgment is as follows.

유사 판례

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