(영문) 부산지방법원 2015.02.05 2014노1775 | 리걸엔진

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Reasons

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자간(%)

(영문) 부산지방법원 2015.02.05 2014노1775

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On the grounds delineated below, the Defendant asserts that the lower court erred by misapprehending the facts charged and by misapprehending the legal doctrine on fraud, thereby adversely affecting the conclusion of the judgment.

① Since the principal who lends money to the Defendant is not K but K, the act of deception against K cannot be recognized in itself.

② At the time of K’s completion, the Defendant borrowed money from K for the use of the equipment and interior expenses of a building (the term “R building”, hereinafter referred to as “R building”) that was scheduled to be completed as soon as possible, as the Defendant borrowed from K for the purpose of causing confusions in terms of the terms with “Irrrrrrrrrrrratium” that the Defendant intended to complete under a construction contract with the KrratiumJ, and there was no difference in the actual purpose of borrowing, as stated in the facts charged in the instant case, the Defendant stated in the instant facts charged.

③ As stated in the facts charged, the Defendant merely promised to “if a building is constructed and constructed, the building will be provided as a collateral and repaid preferentially,” and there is a fact that “if the construction work is carried out, the construction work is carried out, the loan will be repaid with the proceeds from sale or the amount received as a secured loan after the completion of the construction work.” Thus, the actual time of repayment differs.

④ At the time of borrowing from the Defendant, the Defendant had owned the real estate worth 17.7 billion won, including real estate, and had the ability to repay due to the considerable amount of income from the private teaching institute.

⑤ The facts charged in the instant case are generally written in detail, and some of them are actually the Defendant’s debt owed to the Defendant, but their subject is not written in detail. As such, the facts charged in the instant case violates Article 254(4) of the Criminal Procedure Act.

B. The lower court’s imprisonment (two years of imprisonment) on the ground of unfair sentencing is too unreasonable.

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

참조조문

-형사소송법 제254조 제4항

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