(영문) 수원지방법원 2015.04.22 2015노1091 | 리걸엔진

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(영문) 수원지방법원 2015.04.22 2015노1091

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The amount of material cost of KRW 17.8 million, processing cost of KRW 7 million, and the amount of KRW 29.8 million, including the amount of tax invoice issued, shall be deducted from the amount of damage suffered by the defendant of mistake of facts.

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

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) the defendant demanded the representative G of the victim to produce the vegetable container price of KRW 50 million in advance; and (ii) later, he promised to return KRW 20 million in advance upon deposit of KRW 50 million in advance from the Small Enterprise Promotion Agency; (iii) the defendant did not return advance payment to the victim even though he did not actually produce the gold type; and (iv) the defendant was paid KRW 50 million in advance by the Small Enterprise Promotion Agency; and all of the above amount was used for his personal purpose; and (v) the defendant could sufficiently be recognized by deceiving the victim to use the vegetable container price of KRW 70 million in advance; and even if the defendant was required to deceive the victim, this part of the amount should not be deducted from the amount of damage.

Therefore, the court below's conviction of this part of the facts charged is just, and there is no error of law by misunderstanding facts and affecting the judgment.

This part of the defendant's assertion is without merit.

B. There are favorable circumstances such as the Defendant’s primary offender who has no record of criminal punishment regarding the assertion of unfair sentencing.

However, the crime of this case was committed by deceiving the victim and deceiving the victim a total of KRW 70 million, and the crime was not committed, and the defendant has to take any measures for the recovery of damage.

유사 판례

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