(영문) 창원지방법원 2020.07.23 2018노2436 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2020.07.23 2018노2436

사기

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the judgment of the court of first instance and the judgment of the court of second instance which convicted) against the victim B (the part of the judgment of the court of first instance which found the Defendant guilty) (the part of the judgment of the court of first instance which ruled that KRW 140 million should be paid to the victim, and the remainder of KRW 60 million should not be paid. Of which, the amount, KRW 20 million should be given to the Defendant for the Defendant’s loans to the victim, the remainder of KRW 40 million should not exceed KRW 160 million which the Defendant should receive from the victim due to the settlement of the difference between the victim and the victim.

The defendant did not deceiving the victim, and he did not have the intention of deceiving the victim.

At present, the registration of the right to collateral security was cancelled, and there was no loss to the victim.

B) The fraud against the victim J (section 2017Da3604 of the lower judgment) (1) and each fraud committed on December 25, 2010, from the date of the lower judgment, the Defendant paid the money borrowed to the victim or set up a collateral security right. The Defendant did not deceiving the victim and did not have any intention to acquire the money. (2) On April 25, 2016, the Defendant was responsible for the construction of the remodelling of the entrance, which was attempted to purchase, to the victim. The Defendant was unable to purchase the said money due to the reduction of the number of the victims. (3) On April 28, 2016, the Defendant concluded an exchange contract with the owner of the previous land and did not have the intent to obtain the said money from the victim. (3) The Defendant did not obtain the said money from the owner of the said land upon request by the owner of the said land, but did not obtain the said money from the owner of the said land. (2) The Defendant did not obtain the said money from the owner of the said land.

유사 판례

-서울서부지방법원 2016.09.08 2016노782

-서울중앙지방법원 2020.11.06 2020노1059

-서울중앙지방법원 2018.11.01 2018노2048

-대전지방법원 2021.02.16 2020노2544

-부산지방법원 2016.01.22 2015노2882