(영문) 수원지방법원 2014.09.29 2014노3673 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 수원지방법원 2014.09.29 2014노3673

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the victim of mistake of facts is faced with a difficult situation due to default, and that he was liable for a considerable amount of money to the previous customer, he was aware of the fact that he was supplied with the meat product through the Defendant through the Defendant, and received the price in return for the supply of the meat at a low price, taking into account the reflective interest following the supply of the meat product. However, unlike the promise, the financial condition of the Defendant was worse because the victim did not supply the meat at a lower price, and thereby, he was unable to pay part of the price to the victim. Therefore, the Defendant did not have obtained the meat from the victim, but did not have the intent to commit the crime of

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

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts: (i) the Defendant engaged in livestock product distribution business in the name of the Korea Agricultural Company FF Co., Ltd. (hereinafter “F”) established with his father’s representative from February 1, 2009, when the Defendant was running the Korea Stock Company (hereinafter “K”); (ii) continuously engaged in livestock product distribution business in the name of the Korea Agricultural Company FF Co., Ltd. (hereinafter “F”) established with his father’s representative from February 1, 2009; and (iii) the Defendant, who was in excess of KRW 80 million due to the burden of financial debt of KRW 80,000,000,000,000 from February 2, 201 to supply it to Im in the name of F Co., Ltd. (hereinafter “C”); (iv) the Defendant was in large amount of expenses, such as the monthly wage and fee for Im, and (iii) the Defendant was in excess of KRW 1501 million.

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