(영문) 전주지방법원 2018.10.18 2018노938 | 리걸엔진

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(영문) 전주지방법원 2018.10.18 2018노938

사기

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim’s statement was partially changed on the pretext of the loan (as to the fraud on April 1, 2016).

Even if the defendant is aware of the fact that he deceivings the victim as stated in this part of the facts charged, he can fully recognize the fact that he defrauds the victim of KRW 10 million.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged on the ground that there was no proof of criminal facts.

B. Improper sentence of the lower court (two months of imprisonment and one year of suspended sentence) is deemed to be too uneasible and unfair.

2. Determination

A. (1) On March 2016, the Defendant’s summary of the facts charged in this part of the charges is intending to have the victim C with “from 105 to 103 buildings in Dosan-si, Gunsan-si, where he lives in the Republic of Korea.”

At present, I did not receive the deposit of KRW 50 million from the present house, and did not receive the deposit of KRW 50 million, thereby making a false statement that I would receive the deposit of KRW 20 million from the present house and pay it immediately if I borrowed KRW 20 million to B.

However, the defendant was not expected to receive the deposit at the home at the time, and he borrowed money from the victim with money.

Since E, etc. was planned to pay the debt and use the cost of living, there was no intention or ability to pay the debt immediately even if the defendant borrowed money.

Nevertheless, on April 1, 2016, the defendant deceivings the victim as above and acquired the money from the victim to the passbook in the name of the defendant on April 1, 2016.

2) The lower court and the lower court determined the deliberation by the party, on the grounds as indicated in its reasoning, by deceiving the victim as stated in this part of the facts charged, only by the evidence submitted by the prosecutor.

Considering that it cannot be determined as a person, this part of the facts charged shall be acquitted.

유사 판례

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-서울남부지방법원 2016.05.26 2016고단1593

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