(영문) 부산지방법원 2015.01.23 2014노958 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.01.23 2014노958

사기

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

, however, the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) Fact-finding (1) The person who actually acquired Defendant A, Inc., Y (hereinafter “instant company”) is not the Defendant but W, and the person who leased a vehicle in the name of the instant company is also W. Therefore, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts

(2) In recognizing that the Defendants could not issue a letter of guarantee, the Defendants were able to issue a letter of guarantee and received the cost of issuance. Therefore, the judgment of the court below which acquitted the Defendants of this part of the facts charged is erroneous in matters of law.

B. The prosecutor asserts that each of the punishments of the lower judgment against the Defendants (10 months of imprisonment, 2 months of imprisonment, 2 years of suspended execution, 2 years of suspended execution) is too unjustifiable, and the Defendant A asserts that the above punishment against the Defendants is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding Defendant A’s assertion of mistake of facts, the court below acknowledged the fact that the victim X paid 8220,000 won of down payment out of the acquisition price of the company of this case, not W, that the defendant was the defendant, and the defendant at that time told X that the company of this case would operate the company as its nominal representative director on the ground of W, not W, the construction price for the new construction of V factory that was conducted in the name of the company of this case was received by the defendant, not W, but W, the vehicle leased in the name of the company of this case was operated by the defendant, and the fact that the defendant changed the name of the representative director of the company of this case to AW as its own name on June 15, 2009. In full view of the above facts recognized, the defendant’s assertion is without merit.

B. Judgment on the prosecutor's assertion of mistake of facts (1) this part of the facts charged.

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