(영문) 창원지방법원 2015.12.03 2015노691 | 리걸엔진

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(영문) 창원지방법원 2015.12.03 2015노691

사기등

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The judgment below

The part, excluding the rejection of an application for compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The injured party C (2013 high-class 316) (Article 2013 high-class 316 of the facts charged) merely received KRW 50 million from the injured party C by requesting that the injured party be able to receive interest without designating specific investment sources, and that it was not related to the investment in aggregate business, the lower court found the guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment, by misunderstanding the facts charged. 2) The Defendant’s introduction of the Defendant invested KRW 25 million in G Co., Ltd. (hereinafter “G”), while the injured party C (2013 high-class 316 of the facts charged) invested KRW 25 million in the part of the facts charged. However, the Defendant failed to pay the invested principal and profit to the injured party D due to the business depression of G, which is obligated to pay the investment principal and profit, the lower court erred by misapprehending the facts charged and thereby adversely affecting the judgment.

B. The Defendant did not assault the victim D, and even if he did assaulted the victim D, this part of the judgment of the court below which found the Defendant guilty of this part of the facts charged by misapprehending the legal principles or misunderstanding the facts, which affected the conclusion of the judgment, despite that D’s use of violence first and passive resistance against D’s use of violence, constitutes a legitimate act.

C. The Defendant asserts that the sentence imposed by the lower court (two years of suspended execution for one year of imprisonment, two years of community service, 120 hours of imprisonment) is too unreasonable.

2. Of the facts charged in paragraphs 1 and 2 of 2013 Go-Ma316(1) and 2, the ex officio determination prosecutor shall read “G” as “a company engaged in aggregate business in the south of the south of the south of the North of the North of the North of the North of the North of the North of the North of the North of the North of the North of the Republic of Korea”; and “A stock company that engages in aggregate business in the south of the South of the North

유사 판례

-창원지방법원 밀양지원 2015.02.26 2013고단316

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-서울서부지방법원 2013.04.04 2012노1354