(영문) 대구지방법원 2013.12.05 2013노2120 | 리걸엔진

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(영문) 대구지방법원 2013.12.05 2013노2120

사기등

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The judgment below

Of them, the acquittal portion on the fraud shall be reversed.

A defendant shall be punished by a fine of 500,000 won.

Reasons

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the fact that the Defendant deceptioned F and acquired 2 million won under the name of prepaid money, and as the Defendant had a loan claim of 4 million won against F, it can be acknowledged that the Defendant attempted to obtain pecuniary benefits by filing an application for payment order with the court, and attempted to acquire pecuniary benefits due to F’s objection.

Nevertheless, the judgment of the court below which acquitted all of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. As to the fraud, the Defendant made a false statement on January 201, 201 that “The Defendant, at the end of his/her residence on the end of his/her day, sent to the Victim F for the introduction of two multiple weathers and then changed the amount of KRW 6 million per 1,00,000 per 3 million per head under the pretext of the pre-paid payment.”

However, even if the defendant receives a prepaid payment, the defendant did not have the intention or ability to introduce multiple employees.

Nevertheless, on February 1, 201, the Defendant, by deceiving the victim as such, received KRW 2 million in cash from the victim, prior to the cash automation withdrawal machine in the Masan-si, the Gongsan-si at the time of stay at around 15:42 on February 1, 201.

(2) The lower court found the Defendant not guilty on the ground that it is difficult to readily conclude that the Defendant had a criminal intent to defraud the Defendant at the time despite the fact that the Defendant received KRW 2 million from F.

(3) Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the court below, the Defendant could sufficiently recognize the fact that the Defendant, even though not having the intent and ability to introduce multilateral species to F, by deceiving F, received KRW 2 million as a prepaid payment, and acquired it.

(A) We examine whether the defendant has received two million won or not.

F is consistent from investigative agencies to the original trial.

유사 판례

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