(영문) 인천지방법원 2014.01.10 2013노3116 | 리걸엔진

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(영문) 인천지방법원 2014.01.10 2013노3116

사기

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Before entering into a transfer contract with the victim on March 7, 2012 on the main points of this case (hereinafter “instant contract”), the Defendant informed the victim of the fact that the main points of this case were controlled by juvenile employment, and accordingly, the Defendant concluded the instant contract with the intent to operate the main points of this case even for a few months even though the victim was well aware of the fact of control.

Therefore, the defendant deceivings the victim.

The contract of this case is not entered into by the victim or by mistake.

In addition, in light of the fact that the defendant was mistakenly aware that there was no administrative disposition such as business cancellation on the main points of this case, and that the defendant paid a sum of KRW 20,290,000 for the victim, such as payment on behalf of the main points of this case, and that the amount paid exceeds KRW 15,00,000,000 paid from the victim, there was no intention to commit the crime of defraudation by the defendant

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. In light of the various sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence against the Defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unfasible and unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court, the lower court’s determination on the Defendant’s appeal: (i) misleads the Defendant to believe that there was no administrative disposition with the knowledge of the control over the main points of this case; and (ii) concludes a contract with the victim who did not know of the control at the time of entering into the contract of this case without properly notifying the fact of control due to the employment of minors, which is an important matter of the contract, and receives money in the name of the security deposit. In so doing, according to the above findings, the Defendant has a criminal intent at least.

유사 판례

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