(영문) 광주지방법원 2020.05.14 2019노3204 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.05.14 2019노3204

사기

Text

The defendant's appeal is dismissed.

The defendant pays 628,60,000 won to an applicant for compensation.

The above order shall be.

Reasons

1. Summary of grounds for appeal;

A. In relation to the facts constituting a crime of the lower judgment, the Defendant merely purchased land by investing money from the victim for G, and did not borrow money from the victim for the purpose of purchase of buildings, and did not intend to purchase E neighboring land. 2) As to the facts constituting a crime of paragraph (2) of the lower judgment, the Defendant only invested in or borrowed money for the purpose of using it as G operation funds, and did not borrow money.

3) With regard to the criminal facts of the judgment below, as to paragraph (3) of the crime in the judgment below, the defendant loaned KRW 15 million as G, not H, because he did not need H, and since he paid KRW 20 million to the victim through P, it cannot be deemed that the defendant did not have any intent and ability to pay that amount. 4) As to the criminal facts of the judgment in the judgment below, in relation to Paragraph (4) of the crime in the judgment below, the defendant merely stated that the defendant was an auction to the victim, and that if the value was adjusted with the lien holder to the degree of KRW 200 million, it can be deemed that the victim would have been 2-30 million, and since the victim consulted directly with H and decided to transfer KRW 83 million to I and then, the defendant could not be deemed to have instigated the victim.

5) In relation to the criminal facts of the judgment below, with regard to Paragraph 5 of the crime, the defendant only constructed a factory with L with money from the victim, and not with money from the victim to repay the defendant's existing debt. 6) In relation to the criminal facts of the judgment below, M's real estate is merely offered as security including the defendant's debt, and it is not offered as security for L and M's debt.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. The lower court’s judgment on the assertion of mistake of facts and the evidence duly admitted and examined by the trial court.

유사 판례

-서울고등법원 2013.05.31 2012노3071

-인천지방법원 2018.05.11 2017노4313

-서울동부지방법원 2019.06.20 2019노60

-서울중앙지방법원 2015.11.26 2015노3425

-춘천지방법원 2015.05.13 2014노131