(영문) 대전지방법원 2015.06.25 2014노3272 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2015.06.25 2014노3272

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, embezzlement is acquitted.

Reasons

1. Summary of grounds for appeal;

A. In relation to fraud, misunderstanding of facts or misunderstanding of legal principles 1), the Defendant did not receive an investment by deceiving the victim E, but did not have any intention to acquire money by deceiving the victim E and its affiliated persons. As such, the Defendant did not intend to acquire money by deceiving the victim E. As to embezzlement, the Defendant’s office closed and made it impossible to use the leased computer from the I. As to embezzlement, the Defendant returned the computer, etc. to R, who is an employee R, first of all, ordered that the office would not return the computer if the office was opened later, and the office failed to dispose of the I’s office computer, etc., and there was no intention to obtain money by disposing of I’s computer, etc. as the Defendant owned.

B. The sentence of unfair sentencing (six months of imprisonment) by the court below is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court, based on the evidence duly adopted and examined by the lower court, stated that the Defendant would pay KRW 10 million per the principal to the victim E in the month in which the dividend is paid after one week from the first day if the Defendant loaned KRW 50 million to B. (No. 29 of the evidence list, No. 118, 119 of the evidence record No. 2 of the evidence record, and KRW 10 million, if the Defendant invested in the amount of KRW 20 million,000,000,000,000,000 won was paid after seven days from the receipt of the dividend of KRW 20,000.

To pay 30% dividends after one week and to pay the principal after one month.

‘The fact that the Defendant was able to pay the principal, dividend, and interest that was promised to benefit to the victim if the Defendant was to buy the shares of the operation week through a new merged company with the money borrowed from the victim, then the Defendant was able to pay the principal, dividend, and interest that was promised to benefit.

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