(영문) 부산지방법원 2017.06.15 2016노4671 | 리걸엔진

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(영문) 부산지방법원 2017.06.15 2016노4671

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to assist the victim to purchase forest land, the Defendant merely received KRW 5 million under the pretext of service in order to assist the victim to purchase forest land, but did not obtain the above money under the pretext of forest appraisal as alleged by the victim.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (2 million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, ① the victim has consistently delivered KRW 5 million to the Defendant under the name of forest appraisal expenses from the investigative agency to the court of the lower court.

In the investigation agency and court of the court below, E, which introduced the victim to the defendant, has made a statement to the effect that "the defendant has changed to the effect that he should make a prior appraisal of state-owned land, so 5 million won is to be given at a three place," and that "the defendant has changed to the effect that he should make a prior appraisal of state-owned land," and that "the victim has remitted the victim to the defendant on July 23, 2014, separately from the amount of KRW 5 million remitted to the defendant on July 25, 2014, as well as the amount of KRW 3 million remitted to the defendant on July 25, 2014.

(3) The Defendant requested the presentation of real estate appraisal data, etc. after the purchase of the forest land of this case, but the Defendant did not provide any data on appraisal and did not return 5 million won. ④ The Defendant sent a text message (Article 16 of the Investigation Records) to the victim to the effect that he would pay money to the victim. However, if the amount of KRW 5 million in the instant case is given under the pretext of services not under the pretext of appraisal but under the pretext of labor cost, as the Defendant’s assertion, it is given to the Defendant.

유사 판례

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