(영문) 대전지방법원 2016.09.29 2016노1396 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2016.09.29 2016노1396

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) used the money for obtaining a diving fishery permit; and (b) remitted the sum of KRW 83.6 million, which is part of the money received from the injured party, to G and G Posin P; and (c) additionally paid the money to G for obtaining a fishery permit; and (d) together with the said money, the amount of KRW 110 million is approximately KRW 10 million.

In fact, G entered into a service contract with Co., Ltd. in order to obtain a diving fishery permit, and paid litigation costs.

In consideration of such circumstances, there is an intention to obtain fraud from the accused.

The judgment of the court below that found the defendant guilty is erroneous in the misapprehension of facts, although it cannot be seen.

B. The sentence sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion in detail on the assertion of mistake of facts, on the ground that the Defendant alleged the same assertion in the lower court, and on the ground that the lower court stated in the written judgment the Defendant’s assertion and its judgment in detail.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of mistake of facts as pointed out by the defendant.

The Defendant paid approximately KRW 100 million to G, etc., and the lower court consumed approximately KRW 94 million out of the money acquired by the Defendant from the victimized person for personal purposes.

there was an error that the approval was wrong.

However, on November 24, 2015, the Defendant stated to the effect that he/she individually used approximately KRW 94 million out of the amount paid by the injured party at the time of the prosecutor’s investigation (Evidence No. 482 pages), and that the Defendant withdrawn KRW 15 million as a check on July 9, 2013 and paid to G.

There is no evidence to see, and the money paid by the defendant to G and P is a full diving fishery permit.

유사 판례

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