(영문) 수원지방법원 2016.11.16 2016노4371 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2016.11.16 2016노4371

사기

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The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (the part concerning the crime of defraudation) did not have the intent to acquire 50 million won from the victim at the time of borrowing 50 million won from the victim. Even if the criminal intent is recognized, since the victim withdraws the criminal complaint against the defendant on June 27, 2016, which was prior to the judgment of the court below, the prosecution of this case should be dismissed, and since the victim's complaint was filed after six months have passed since the date on which the victim became aware of the crime of this case, the prosecution of this case is unlawful. Nevertheless, the court below found the defendant guilty of this part of the facts charged. Thus, the court below erred by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment. 2) The punishment (one month of imprisonment and two years of suspended execution) which

B. According to the evidence submitted by the prosecutor, the prosecutor 1) found the Defendant guilty of each fraud of May 3, 2010 and September 5, 2010. However, the lower court acquitted the Defendant of this part of the facts charged. In so doing, the lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment. 2) The lower court’s judgment on unreasonable sentencing is too uneasible and unreasonable.

2. Determination or ex officio as to the defendant's assertion that the victim has withdrawn the complaint

A. A. Around May 3, 2010, the summary of the facts charged in the instant case stated that “Around May 3, 2010, the Defendant: (a) the Victim E stated that “I will pay 10 million won in one month, even if Hashe Hashe wed off.”

However, in fact, since the bank loans worth approximately one billion won have been owed and other debts such as card arrears have been incurred, even if the victim borrowed the above money from the victim, it is planned to do so so as to use the so-called "comfort" for the repayment of the existing principal and interest of other debts.

유사 판례

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-대전지방법원 서산지원 2014.08.21 2014고정156

-서울중앙지방법원 2013.10.23 2012고단7258