logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.04.19 2013노289
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant made a monetary transaction with D for four years, and only remains 12 million won, and most of the principal and interest of D with respect to D, and there was no deception of D with respect to the disposal of ancient art works, and there was no intention to commit fraud.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A.1) As to the assertion of mistake of facts, first of all, we examine whether the defendant deceivings D. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① with regard to the fraud on September 12, 2009 under Paragraph (1) of the facts charged, the defendant stated that the defendant, who was unable to pay 25 million won due to the receipt of 15 million won from D, stated that he would sell 300,000 won for the first time (Evidence No. 309, 338, 358-360 of the evidence record, ② The defendant, who was aware of the fact that 30,000 won was not sold to 30,000 won for the above 30,000 won for the first time to purchase 4,000 won for the first time to 30,000 won for the first time to purchase 30,000 won for the second time, 200,000 won for the second time, 30.

arrow