(영문) 수원지방법원 2017.04.28 2016노5017 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.04.28 2016노5017

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal (misunderstanding of facts) began on July 2014, following the victim C’s husband and the husband of the Defendant’s husband entered their full repayment, and the conviction that the Defendant and the husband of the Defendant gradually suffered financial damage to more than one to two months, and thereafter, the Defendant filed a complaint against the Defendant in fraud.

statement is made.

Therefore, at least the starting point of the period of filing a complaint shall be determined as of September 1, 2014, which was after the victim's contact with the defendant was terminated. Since the victim filed a complaint on February 26, 2015, which was before six months passed from the victim, the victim dismissed the prosecution on the ground that the victim's complaint was filed after the expiration of the period of filing a complaint under the Criminal Procedure Act, the court below erred by misunderstanding the fact that the victim

2. In addition to the circumstances revealed by the judgment of the court below, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim: (a) under the court of the court below, “the victim received a notice of individual rehabilitation, and changed the right to report the payment of the installment savings to the defendant; and (b) the statement that the victim has repaid the installment savings to the defendant is sent by the insurance company with the her husband’s receipt affixed by the insurance

I, however, do so.

Because there is a great deal of us, we need to do so more.

The match so far is so reasonable and living tool; or

The victim made a statement as "(60 pages of the trial record)" (the defendant's personal rehabilitation notice was served, and at least the other party's personal rehabilitation notice was agreed on July 2014, which appears to have been aware of the defendant's fraud and damage. (2) The victim's personal rehabilitation notice was issued and continued to do business due to symptoms such as depression and depression in the court of the court of the court below as to the reason for the complaint.

유사 판례

-인천지방법원 2012.10.19 2012고합969

-부산지방법원 2016.04.28 2015고단8872

-광주지방법원 2021.04.07 2020노496

-서울고등법원 2021.04.15 2020노1876

-수원지방법원 2016.05.03 2016노437