logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.02.02 2016노8351
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of facts - The Defendant, the accomplice of the instant fraud crime against the victim V, stated that “T punishment has many foreign funds, and the funds need to be KRW 100 million as expenses to bring them into the Republic of Korea.” He believed the above horses of T to be true by putting a number of hotel guest rooms, or putting them into a foreign ticket, and putting them into contact with a foreigner. While delivering the said horses to the victim V, he was introduced as follows: (a) the Defendant was a person who renders work under the direction of T under the direction of T.

In addition, prior to the conclusion of the joint project contract with T, the defendant paid 25 million won to T as the agreed amount for the joint project execution, and the defendant delivered 28 million won out of 28 million won received from the victim V to T according to the joint project contract, and the remaining 8 million won out of 28 million won was expected to be paid to T.

Therefore, the Defendant, like the victim V, believed T as a re-satise and promoted a joint business with T and T.

In addition, it is only against other victims, and it did not deceiving victim V in collusion with T.

Nevertheless, the defendant conspired with T to obtain 28 million won from victim V.

In light of the facts charged in the instant case, the lower court erred by misapprehending the legal doctrine on the fraud of victim V.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. The following circumstances revealed by each evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, i.e., victim V, if the lower court paid necessary expenses to enable the third party to bring into the Republic of Korea the funds owned by T at the time of the instant crime.

arrow