(영문) 수원지방법원 2019.01.25 2018노6587 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2019.01.25 2018노6587

사기

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The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

1) Even though the Defendant had the intent and ability to repay money borrowed from the victim by mistake, the lower court convicted the Defendant by misunderstanding the fact, and sentenced the Defendant guilty. 2) The lower court’s sentence of unfair sentencing (one year of suspended sentence for six months of imprisonment) is too unreasonable.

The Defendant also asserted the same argument in the lower court.

In light of the circumstances cited by the lower court and the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court’s judgment is justifiable.

① The Defendant borrowed KRW 30 million to the victim as a fund for the operation of I Co., Ltd.

However, around May 2009, the above company was under pressure by an individual creditor to enforce seizure of movable property, and was actually closed around March 2010.

② The Defendant used a total of KRW 650 million on the condition that the Defendant would pay interest on the second part of a month before borrowing money to the victim.

From March 2009, the Defendant was in office as the auditor of LAC from March 2009, and received the monthly average of KRW 4.5 million, but it was difficult for the Defendant to pay the above bonds interest.

On June 2009, the defendant did not pay interest to M Bank, and received the card cash service and paid interest.

③ Even if the Defendant’s assets are re-calculated by reflecting the circumstances alleged by the Defendant as of the borrowing date of this case, the Defendant’s active assets do not seem to have exceeded the negative assets, and in view of the Defendant’s defense counsel’s assertion, if the Defendant’s active assets were to be considered as KRW 486 million, and the amount of unsecured debt as KRW 350 million at the time of the borrowing date of this case, and the Defendant’s self-sufficiency was to be determined by considering the amount of the Defendant’s active assets as KRW 3.3 billion, the value of the real estate owned by the Defendant = approximately KRW 3.1 billion, the value of the real estate owned by the Defendant = KRW 2.26 million, the value of the real estate owned by the

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