logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.10.06 2016노582
사기
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below ex officio is erroneous in matters of law by misunderstanding facts as examined below, which affected the conclusion of the judgment.

On November 5, 2012, the Defendant made a false statement to the victim C that “I will faithfully pay a loan if I would like to obtain a loan of KRW 15 million from the Smart Savings Bank.” However, the fact was that at the time of large restaurant, the amount of the benefit that I would have received was merely KRW 150-1.8 million per month, and approximately KRW 1.5 million per month was disbursed to repay the existing loan, so the Defendant did not have the ability or intent to repay the loan even if I would have the victim bear the joint and several liability of KRW 15 million. The Defendant got the victim to enter into a joint and several liability contract with the Smart Savings Bank and did not obtain the above loan of KRW 15 million,000 from the Smart Savings Bank, and the Defendant could not obtain the loan of KRW 15 million from the victim on February 13, 2014, thereby deceiving the victim of the above loan of KRW 305,500,000,000 from the victim on February 13, 2014.

However, in fact, since the wage received at the large restaurant at the time was excessive to KRW 150-180,000 per month, and approximately KRW 2,00,00 per month was disbursed to repay the existing loan, there was no ability or intent to repay it even if it was borrowed money from the victim.

The defendant belongs to this.

arrow