(영문) 서울중앙지방법원 2020.06.02 2019노3755

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(영문) 서울중앙지방법원 2020.06.02 2019노3755

사기

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. Prosecutor 1) As to the fraud of the victim B among the facts charged in the instant case of mistake of facts, the Defendant’s failure to comply with the request for the return of investment funds by B, and instead, he obtained B that his sentence may begin to start a hotel due to the fact that the Defendant’s failure to comply with the request for the return of investment funds. The statement by B is consistent with the entry of the investment performance contract entered into between the Defendant and B, and the Defendant X (hereinafter “X”).

(2) In light of the fact that the Defendant obtained a final and conclusive judgment that he/she acquired approximately KRW 620 million as investment money between February 4, 2014 and December 10, 2014, the Defendant received investment money from B as an intent or ability to acquire the investment money without an intent or ability, but it is difficult to conclude that the Defendant was not guilty of this part of the facts charged on the ground that it is difficult to conclude that the Defendant did not have any intent or ability to repay the investment money, thereby affecting the conclusion of the judgment. The lower court erred by misapprehending the fact that the Defendant was guilty of this part of the facts charged on the ground that it is difficult to determine that the Defendant had no intention or ability to obtain the investment money, and in light of the fact that the Defendant was subject to punishment for the same kind of crime of unfair sentencing, even if the Defendant was unable to recover from damage at all, etc.

2. Determination

A. On March 21, 2014, the Defendant in this part of the facts charged against the prosecutor’s assertion of mistake of facts is entitled to a large amount of profit if the Defendant purchased the land in the second floor “V” office of the building in Seocho-gu Seoul Metropolitan Government U, and the victim B purchased the land in the vicinity of Jeju-do W and sold it as a hotel. However, it is six months if the initial project fund is invested in KRW 100 million.

유사 판례

-수원지방법원 2019.01.08 2018가합11902

-의정부지방법원 2015.10.08 2014고합446

-서울고등법원 2015.02.05 2014노2953

-서울서부지방법원 2018.11.29 2018가합34735

-서울중앙지방법원 2020.05.22 2017가합576046