(영문) 대전지방법원 2017.10.26 2017노226 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2017.10.26 2017노226

사기

Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Regarding the facts charged in the part not guilty as to the lower judgment’s determination, the Defendant did not have the intent and ability to repay the amount at the time of borrowing KRW 35 million from the injured party on February 23, 2013 (hereinafter “the first loan”) (hereinafter “the first loan”).

However, the court below rendered a not-guilty verdict on this part of the facts charged. The court below erred by misapprehending the facts.

2) The lower court’s unfair sentencing (a 1.5 million won in penalty) is deemed to be too unhued and unfair.

B. Defendant 1) In relation to the facts charged in the guilty portion as indicated in the lower judgment, the Defendant borrowed KRW 10 million from the injured party as a provisional seizure (hereinafter “second loan”) on or around March 13, 2015 (hereinafter “second loan”) and had the intent and ability to repay the amount at the time of borrowing it as a provisional seizure termination, and there was no intention to acquire it by deception.

However, the court below found the defendant guilty of this part of the facts charged, which is erroneous in the misapprehension of facts.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be acknowledged.

① On August 11, 2009, the Defendant purchased a building of KRW 122 square meters and its second floor (hereinafter collectively referred to as “instant real estate”) with a total of KRW 120 million and completed the registration of transfer of ownership on September 8, 2009.

② On June 5, 2012, when the Defendant was granted a loan of KRW 59 million from the Yongsan-dong Saemaeul Cooperative, the Defendant completed the registration of the establishment of the first priority collective security right with respect to the instant real estate in the name of the Yongsan-dong Saemaul Cooperative, the maximum claim amount of KRW 76.7 million and the debtor as the Defendant.

As a result of the appraisal conducted at the time of the loan, the appraised value of the instant real estate was KRW 113,821,700.

(3) The Daejeon Credit Guarantee Foundation shall be the defendant on September 7, 2012.

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