(영문) 광주지방법원 2020.04.22 2019노2633 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.04.22 2019노2633

사기등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the crime of mistake of facts and misunderstanding of legal principles, each victim of fraud is not a siren K and a lending company (U and a loan company) but a B.

However, since B was the mother of the defendant her husband at the time, the relative precedent should be applied.

Even if the above rental enterprise and the lending enterprise are the victims, there is no evidence to acknowledge that the above victims suffered losses.

B) Regarding the crime against the victim A, inasmuch as the Defendant had the intent and capacity to repay the principal of the investment at the time, it cannot be recognized that the defrauded has the intent and capacity to commit the crime. C) In relation to the fraud of investment funds against the victim AE, the Defendant had the intent and capacity to repay the principal of the investment at the time, and thus, there was no intention to commit the crime of defraudation. In addition, the above victim was aware of the financial status of the Defendant at

In addition, in relation to the fraud of monthly rent deposit against the victim AE, at the time of receiving money from the above victim, the deposit was actually set at KRW 20 million, and the remaining money was used to take over the home appliances or to prepare the scambling, so it is not possible to recognize the criminal intent of defraudation.

Since the defendant and the victim AE were de facto marital spouses at the time, the relative precedent should be applied.

2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. The facts charged are as follows: (a) whether the claim regarding the fraud in the use of B name is applied to the case of relatives and relatives; (b) whether this part of the facts charged is applied to the Defendant, by deceiving the Defendant as if the documents prepared by the Defendant using the name of B were genuine documents; (c) the victim K-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

유사 판례

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