(영문) 대전지방법원 2016.08.24 2016노1610 | 리걸엔진

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(영문) 대전지방법원 2016.08.24 2016노1610

사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. On July 21, 2013, F Co., Ltd., which was operated by the Defendant by mistake of the fact, was not adequate as financial resources, and C was well aware of this fact, as stated in the facts charged, and the Defendant did not request C to invest money due to lack of transit revenue. If C temporarily returns the amount of KRW 300 million invested on May 13, 2013, the victim told C that “I will make an investment to increase the amount of KRW 1 billion with trust of investors,” and the victim told C that “I would make an investment to increase the amount of KRW 300 million with KRW 1 billion with KRW 300,000,000,000,000 from the victim on July 15, 2013, but again remitted KRW 300,000,000 to the victim on July 24, 2013 from the victim, and the Defendant had to make a written agreement around August 13, 2013.

It can not be seen, and there was no intention to commit fraud.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Determination 1 as to the assertion of mistake of facts) The Defendant asserted that the above facts were alleged to be erroneous, and the lower court, regarding this assertion: (i) The Defendant, at the time of the interrogation of the suspect, knew that the Defendant used the victim to pay an advance payment to the Defendant; (ii) received money as an import payment from the injured party because the victim did not pay any money; and (iii) used the said money to pay the advance payment received from the gas station that the Defendant intended to deliver the import amount upon the receipt of all the said

(2) The defendant uses money from an enterprise unrelated to transit revenue, such as paying KRW 250 million to Suwon Steel Co., Ltd. immediately after receiving money from the actual victim, and ③ the defendant uses money from an enterprise unrelated to transit revenue.

유사 판례

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