(영문) 서울동부지방법원 2020.08.21 2019노1868

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(영문) 서울동부지방법원 2020.08.21 2019노1868

사기

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In the course of operating the E-Foundation, the Defendant: (a) explained these circumstances to the victim; (b) borrowed KRW 10 million from the Defendant; and (c) used it for the notified purpose; and (d) believed at the time that J could repay the borrowed amount to the victim with the funds provided to the Defendant; (b) did not provide the funds; and (c) did not pay the borrowed amount to the victim.

Therefore, the defendant did not deceiving the victim and did not have the intention to commit the crime of defraudation.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. The following facts acknowledged by the court below based on the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts, namely, that the defendant was introduced the victim during the commission of the E Foundation consulting, but the defendant did not pay the expenses, and that the defendant would pay the victim the expenses of KRW 10 million within one month, and the defendant used the balance as the consulting cost, and used it for personal purposes. At the time of the loan of this case, the defendant did not have any particular property, and the defendant trusted that he would provide funds by preparing money, and borrowed KRW 10 million from the victim. In full view of the fact that it appears that there was no specific consultation with the JJ on the scale, timing, etc. of funding and payment, it is recognized that the defendant knew the victim about the ability to pay the expenses of KRW 10 million and received at least KRW 10 million by deceiving the victim about the ability to repay even though he did not have the ability at the time, and it is sufficiently recognized that the defendant had a criminal intent to acquire the money by fraud.

Therefore, the judgment of the court below that convicted the facts charged of this case is just.

유사 판례

-의정부지방법원 2018.12.13 2018노963

-수원지방법원 2017.09.01 2017노2640

-서울서부지방법원 2019.06.20 2018노1480

-광주지방법원 2014.05.01 2013노2157

-대구지방법원 2014.02.21 2013노1884