(영문) 서울동부지방법원 2017.06.30 2017노437

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(영문) 서울동부지방법원 2017.06.30 2017노437

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (the fraud against victim D) that the Defendant received a total of KRW 56,370,000 from the damaged party, but this is paid by the victimized party as the investment in the E business operated by the Defendant. At the time, the Defendant was actually running the E business, but did not repay the invested money of the victimized party due to the discontinuance of the business due to unexpected circumstances.

Therefore, it is not possible to recognize the criminal intent of deception and deception of the defendant.

Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of one-year imprisonment imposed by the court below against the defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the intent of both the Defendant’s deception and deception is recognized.

Therefore, the defendant's assertion of facts is without merit.

1) For E business in progress by the Defendant for the victim, the Defendant “E business is very promising and success is guaranteed by 100%.

"A large property exists to B, and a long-term re-support is also the head, who actively supports the business.

"The Project" is a project to the extent that it is possible to reverse the franchise business of the Republic of Korea, is a situation in which many pharmacies and doctors have a different intention, and there will be strict imports in the future.

The possibility of success of the project refers to "the victim has induced the victim to enter into a franchise contract by emphasizing only the possibility of success of the project, and after entering into a franchise contract with the victim, the victim promised the status of the vice-chairperson of the corporation scheduled to be established in the future, and continuously requested and borrowed money

2) At the time, the Defendant’s business together with S, T, M, etc.

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