(영문) 의정부지방법원 2018.10.15 2018노2273

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(영문) 의정부지방법원 2018.10.15 2018노2273

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, upon receiving a bill discount request from the injured party, received an electronic bill issued under the name of the Incorporated Agricultural Company E, and delivered it to K and G, which promised to discount the bill, but the above addressee did not cause the discount of the bill as agreed, and did not receive the above electronic bill by deceiving the injured party.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

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

2. Judgment on the assertion of mistake of facts

A. On February 2, 2016, the Defendant, at the 7th floor office in Seocho-gu Seoul Metropolitan Government, concluded that “If an electronic bill is issued under the name of the company, the Defendant would provide the e-bill and the security of real estate in the e-bill to the e-bill and receive a discount on the bill, the Defendant would return the electronic bill unless a discount on the bill is made within one hour after the issuance of the electronic bill” to the vice president F of the e-stock company E (hereinafter “E”) operated by the victim D at the 7th floor office in Seocho-gu Seoul Metropolitan Government Office.

However, in fact, the Defendant did not have the intention or ability to pay a discount on a bill within the time when the Defendant received the electronic bill under the name of E and promised to pay the discount on a bill to the victim.

The Defendant was issued the Chapter 2 of the Electronic Bill with face value of KRW 1 billion in total, at a City Bank Account in the name of the Defendant from the damaged party.

Accordingly, the defendant was given property by deceiving the victim.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

(c)

The judgment of the court below is based on the evidence duly adopted and examined by the court below and the trial court.

유사 판례

-의정부지방법원 고양지원 2018.07.20 2016고단3069

-수원지방법원 2016.06.23 2015고단3370

-서울남부지방법원 2017.01.13 2016고단1211 (1)

-수원지방법원 2017.05.18 2016가합70969

-서울서부지방법원 2016.06.22 2016고합103