(영문) 대전지방법원 2016.05.25 2015노3992 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2016.05.25 2015노3992

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The receipt of KRW 60 million from the victim of a misunderstanding of fact from the business fund did not have any intention to acquire it, but the court below found Defendant guilty of the facts charged in this case. In so doing, the court below erred by misapprehending the facts.

2) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court rejected Defendant’s defense suit on the ground that: (a) the victim C and D clearly delivered to the Defendant that it would not have the ability to invest KRW 200 million in the business of supplying rap to CJ prior to the first payment of KRW 30 million to the Defendant; and (b) the Defendant concluded that the Defendant would not engage in the business of supplying rap as above, and that the Defendant would engage in the business of supplying parts to Samsung E&M; and (c) thereby, found the Defendant guilty of the facts charged in the instant case.

This can be acknowledged by the evidence duly adopted and examined by the court below, i.e., ① even if the defendant’s statement was based on the defendant’s statement, the defendant invested the money received from the victim to another person’s business, used the money as debt repayment to relatives, and even borrowed the money to others. At that time, the defendant used the corporate debt of KRW 3.2 billion and the money paid from the damaged person’s personal debt of KRW 300 million as investment funds to the victim unless he obtains profits from using the money paid from the damaged person as investment funds. ② When the defendant receives KRW 30 million from the victimized person second, the defendant was paid the money paid to the injured person.

In addition, 30 million won has been paid by the injured party.

유사 판례

-대구지방법원 포항지원 2018.11.07 2018고단977

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-수원지방법원 성남지원 2016.04.01 2015고단1771

-수원지방법원 2018.02.23 2017노6644

-서울중앙지방법원 2016.04.21 2015고단6574