(영문) 제주지방법원 2020.04.23 2020노9 | 리걸엔진

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(영문) 제주지방법원 2020.04.23 2020노9

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing the prosecution on the charge of assaulting among the facts charged in the instant case, and sentenced the remainder of the facts charged.

Since the defendant appealed only for the guilty part, and the part of the dismissal of the above dismissal of the public prosecution is separated or finalized, the above dismissal of the public prosecution shall be excluded from the scope of

2. Summary of grounds for appeal;

A. On the day of the instant case, the Defendant: (a) visited the victim C’s “D main points” operated by the victim C (hereinafter “instant main points”); (b) was only cash of approximately KRW 7-80,00 in water; and (c) was aware of the fact that the alcohol value was insufficient at the time of the first ordering the two main points.

However, at the time, the Defendant made the second visit to the main point of this case, and the first visit to the main point of this case, and later, there was a deficit in paying the drinking value by account transfer. Therefore, the Defendant ordered the two weeks to pay the victim by account transfer as long as the victim did not reach the last time.

In addition, at the time, the Defendant was sufficiently able to pay the victim the alcohol value of KRW 240,00,00 to the victim, and the victim paid the full amount of KRW 2,40,00

Therefore, the defendant deceivings the victim.

Although it cannot be said that there was a criminal intent to acquire by deception or to have committed an unlawful act that affected the judgment by misunderstanding the fact concerning it.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

3. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court’s deceptions the victim as if the Defendant would normally pay the victim the amount of alcohol as stated in the lower judgment and thereby, thereby inducing the victim to pay the amount of 240,000 won.

유사 판례

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