(영문) 수원지방법원 2016.11.11 2016노3503 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2016.11.11 2016노3503

사기

Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1: In misunderstanding of facts: Defendant A did not deceiving the victim when the victim purchases the YOke total of KRW 152,906,775 as stated in the facts charged, and there was no intention to commit fraud. Therefore, the judgment of the court below that Defendant A committed fraud is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) Unreasonable sentencing: The sentence of the court below (one year of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of facts: Defendant B did not aiding and abetting the criminal act of defraudation by Defendant A. Therefore, the judgment of the court below which judged that Defendant B committed the crime of aiding and abetting fraud is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) Unfair sentencing: The sentence of the court below (the community service order of six months of imprisonment, two years of suspended execution, and eight hours of imprisonment) is too unreasonable.

2. Defendant A in the facts charged: (a) a person who engages in non-ferrous retail business with the trade name of D; (b) a person who engages in a wholesale business for collecting recyclable products with the trade name of Defendant B; and (c) a victim F is a person who runs a company in charge of the settlement of disputes in which scrap metal and scrap metal wholesale business were conducted from July 2013 to a company in charge of the settlement of disputes; and (d) the victim purchased 116 tons of imported electric wires with Defendant A from early 2014 to process them by purchasing 116 tons of imported electric wires with Defendant A from April 2014 to supply them to Defendant A; and (c) Defendant B used the corporate card and mobile phone name of the corporation from the victim to the director of the settlement of disputes and received profits from his/her business activities.

Defendant

A The defendant has a lack of experience in scrap metal business, and the defendant is placed in the back part of the Defl Section Yke (teleline, and the ratio is higher than that of adult male's part of the floor size of the hand, which is reduced with copper or Aluminium, in plastics, with a part of the size of the hand floor of adult male. hereinafter referred to as "DY").

유사 판례

-수원지방법원 안산지원 2016.05.19 2015고단1864

-대구지방법원 서부지원 2012.02.23 2011고합264

-광주지방법원 2013.06.04 2012고합907

-대구지방법원 김천지원 2017.05.23 2017고단295

-수원지방법원 2014.09.04 2014고합175