(영문) 수원지방법원 2017.06.02 2016노9080 | 리걸엔진

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(영문) 수원지방법원 2017.06.02 2016노9080

사기

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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The summary of the grounds of appeal 1) The defendant, who misleads the misunderstanding of the facts, concluded an oil supply contract with the victim E and supplied oil to the victim E, but did not pay oil to the victim E, and borrowed money to the victim H and did not pay the oil.

However, this is because the construction cost anticipated to be paid by the Defendant I Co., Ltd. (hereinafter “I”) to G Co., Ltd. (hereinafter “G”) has a big difference from the actual payment, etc., and thus, I did not pay the said oil price and did not pay the said loan.

Therefore, at the time of concluding a oil supply contract with the victim E and at the time of borrowing money to the victim H, the Defendant did not acquire the said oil or borrowed money without the intent or ability to repay with the criminal intent of defraudation.

2) The lower court’s unfair sentencing (one year and four months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In relation to the fraud against the defendant in the trial of the court (2016 order 2797, order 2797), the prosecutor requested the defendant to amend the bill of amendment to the effect that "the victim D and E operating the C gas station" in the second sentence is changed to "the victim E operating the C gas station," and the subject of the judgment was changed by this court.

Therefore, the judgment of the court below is no longer maintained.

However, although there are reasons for reversal of authority above, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.

3. Determination on the assertion of mistake of facts 1) In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as to the fraud of victim E, the Defendant is the victim.

유사 판례

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-의정부지방법원 2018.10.10 2016가합56424

-인천지방법원 2018.10.02 2017나68397