(영문) 대전지방법원 2012.12.20 2012노1763 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2012.12.20 2012노1763

사기

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

When the defendant is detained by mistake of facts in another case, the victim C would first appoint an attorney-at-law and would lend 3,00,000 won to the defendant (the criminal facts in the original judgment). The victim G paid money to the defendant under the name of investment, not the borrowed money (the criminal facts in the original judgment). Thus, the court below erred by misunderstanding the fact that the defendant had no intention to commit fraud, and thereby misunderstanding the fact that the defendant was guilty, which affected the conclusion of the judgment.

The sentence of unfair sentencing (the first sentence: imprisonment for two months, the suspended sentence for two years, and the second or five crimes in the ruling: imprisonment for eight months, the suspended sentence for two years, the probation, and the community service order for 120 hours) of the lower court is too unreasonable.

Judgment

The following circumstances are acknowledged according to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts.

First, with respect to the part of fraud against the victim C, the victim C invested KRW 45 million in the name of stock investment in this case, and the defendant was bound by the criminal fact that he operated the speculative game room in a situation where he was not able to invest in the stock investment. ② In this situation, the defendant seems to have been said to have been able to pay the above investment in the name of the above investment after being released from the time when he was dismissed since the real estate execution project promoted by the defendant for the victim C was completed almost. ③ However, although the real estate execution project promoted by the defendant concluded a sales contract with some of the landowners, it was in the situation where the defendant did not pay the down payment at all, but the defendant did not have an economic ability to pay the down payment, and even if the down payment to be paid by the defendant was exceeded KRW 800 million,000,000,000,000,0000,000 won,

유사 판례

-청주지방법원 2013.05.23 2012노908

-대구지방법원 2019.06.27 2019노1508

-서울남부지방법원 2013.12.12 2013노1623

-대전지방법원 2015.08.20 2015노1636

-부산지방법원 2013.04.10 2012고단8574