(영문) 수원지방법원 2016.06.15 2016노1299 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 수원지방법원 2016.06.15 2016노1299

사기

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant A (10 months of imprisonment) by the lower court is too unreasonable.

B. Defendant B’s misunderstanding of the fact that Defendant B was the full payment of the instant loan, and Defendant B was merely reliance on the trust of the instant loan, and there was no conspiracy between Defendant A and the instant loan fraud, and there was no fact that part of the said loan was acquired.

Therefore, Defendant B does not support the liability for the crime of fraud.

2) The sentence of the lower court’s unfair sentencing (ten months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly examined and adopted by the court below as to Defendant B’s assertion of mistake of facts, Defendant B received request from Defendant A to the effect that Defendant B would have intended to borrow money in the name of the fund of the fund of the fund of the lease through a false lease contract, Defendant B prepared a false lease contract even though he did not lease the apartment owned by Defendant B to Defendant A. In response, Defendant B prepared and submitted to the victim a document stating that the content of the above lease contract is true, Defendant B received money in the name of the fund of the fund of the lease from the damaged party to his deposit account.

In full view of these circumstances, Defendant B may fully recognize the facts constituting the crime of the lower judgment that he acquired by deception from the damaged person in collusion with Defendant B (whether or not the said money was actually divided by Defendant B does not affect the establishment of a crime of fraud against Defendant B). Therefore, Defendant B’s assertion of misunderstanding of facts is without merit.

B. As to the Defendants’ wrongful assertion of sentencing, the Defendants acquired money in a planned manner by abusing the loan system for the full-time loan for the ordinary people, and acquired money as approximately KRW 119,90,000,000, which is a large amount of criminal liability.

Defendant

A shall commit the instant crime.

유사 판례

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