(영문) 수원지방법원 2017.02.10 2016노8075 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2017.02.10 2016노8075

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (as to the crime of fraud against victim D), the Defendant did not borrow cash from victim D as stated in the annual number 1 through 6, and part 13 of the crime list II among the criminal facts in the judgment below, and there was no intention to acquire the remainder of money borrowed from victim D.

Since the defendant fully repaid the money borrowed by using the credit card cash service from the victim D, this part was at least intended to obtain money.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found D guilty of all the criminal facts of fraud is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the loan 1)

In regard to the assertion of denial of facts, the Defendant and his defense counsel asserted the same purport in the lower court. The lower court, based on the evidence duly admitted and investigated by the lower court, specified the following circumstances: ① the date and time, place, transaction method, etc. of lending money to the Defendant by the victim D under the title of the principal transaction statement; ② the victim D lent money to the Defendant.

In full view of the fact that an amount equal to or similar to the Defendant’s account was deposited in cash (hereinafter “record 12”) around the time when the statement was made, and ③ such fact that the victim D’s statement is clearly clear and clear as financial materials, and credibility is established, the Defendant’s borrowing of cash from the victim D among the criminal facts stated in the lower judgment, such as the Defendant’s statement Nos. 1 through 6, and part No. 13 of the Crime List II.

The decision was determined.

The original court and the first instance court have duly adopted the circumstances revealed by the court below.

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