(영문) 서울중앙지방법원 2016.06.23 2015노4140

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.06.23 2015노4140

사기

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendant’s grounds of appeal (1) as to the guilty portion of the lower judgment, the Defendant merely received 5 million won from the injured party with the support fund, and 15 million won with the investment fund. Although the Defendant did not borrow 20 million won from the injured party, the lower court found the Defendant guilty of the facts charged. In so determining, the lower court erred by misapprehending the facts.

(2) The sentence of the lower court’s improper sentencing (two years of suspended sentence in six months) is too unreasonable.

B. On the grounds of appeal by the prosecutor (1) regarding the acquittal portion of the lower court’s acquittal portion, according to the evidence submitted by the prosecutor, the Defendant is found to have acquired pecuniary benefits equivalent to the amount of contribution by inducing the victim to contribute to broadcasting without intent or ability to pay the contribution fee, but the lower court acquitted the Defendant of the facts charged, thereby erroneous in its judgment.

(2) The lower court’s improper sentencing is too unjustifiable.

2. Determination

A. If the judgment of the court below on the Defendant’s assertion of mistake of facts cited in the “judgment on the Defendant’s and his defense counsel’s assertion” reveals the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the court below was just in rejecting the Defendant’s assertion that the Defendant would receive the borrowed money from the damaged party, and it was erroneous in the misapprehension of the facts.

shall not be deemed to exist.

The above assertion by the defendant is without merit.

① On July 26, 2013, around the time of receiving KRW 15 million from the injured party, the Defendant borrowed KRW 20 million, including KRW 5 million previously received from the injured party, up to March 31, 2014, and issued to the injured party a certificate of borrowing that the Defendant promised to pay interest in KRW 500,000 per month.

(2) The defendant shall make every effort to demand repayment by the injured person.

유사 판례

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