(영문) 울산지방법원 2014.02.14 2013노391 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2014.02.14 2013노391

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The net income of “D” operated by the Defendant at the time of the instant crime of mistake of facts: (a) although the net income of “F” was 120 million won or more at the time of the instant crime; (b) however, in relation to the “F” acquired by the Defendant after the instant crime, the transaction took place by means of a novel that the Defendant deducteds the repair factory; (c) active property owned by the Defendant was larger than the negative property; (d) the Defendant could have been repaid to the victim by disposing of real estate, vehicles, etc.; and (e) the Defendant filed a lawsuit seeking revocation of the fraudulent act against the Defendant’s creditor with respect to the Plaintiff’s land and its ground after the instant crime of this case, the lower court found the Defendant guilty of the facts charged in this case, which was erroneous by misapprehending the fact that it was difficult to dispose of the said real estate within the nearest time at the time of the instant crime, which affected the conclusion of the judgment.

(2) In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (two years of suspended sentence for six months of imprisonment, one year of probation, one year of community service, 120 hours of imprisonment) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too unfasible and unreasonable.

2. Determination

A. The following circumstances are acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts. In other words, the Defendant, at the time of the instant crime, had to pay KRW 900,000 per month the principal and interest of the Defendant’s debt of KRW 80,000 financial institution and KRW 200,000 per month (Evidence No. 30,41 of the evidence record), and ② The land and the housing owned by the Defendant at the time of the instant crime.

유사 판례

-청주지방법원 충주지원 2013.02.08 2012고단998

-서울북부지방법원 2013.12.18 2013고정1043

-인천지방법원 2014.10.23 2014고단4000 (1)

-서울고등법원 2018.12.20 2018노2683

-울산지방법원 2013.11.15 2013노741