(영문) 창원지방법원 2015.02.04 2014노1558 | 리걸엔진

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Reasons

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(영문) 창원지방법원 2015.02.04 2014노1558

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had shown the financial statements, accounting books, etc. of D Co., Ltd. before receiving KRW 50 million from the victim, so the victim was well aware of the management status of D Co., Ltd.

In addition, the expected profit amount of the Suwon Corporation in 2009, which the defendant presented to the victim, is merely an estimated amount, and the victim was well aware of this fact.

Therefore, since it is difficult to see that the defendant deceivings the victim, fraud cannot be recognized as to the facts charged.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the imprisonment for six months, the suspension of execution for two years, and the community service order of 160 hours) is excessively unreasonable.

2. Determination

A. Regarding the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the Defendant and the defense counsel asserted the same purport as the reasons for appeal in the original instance. Regarding this, the lower court rejected the Defendant’s assertion in detail by explaining the Defendant’s assertion and its judgment in detail under the title of “determination of the Defendant and the defense counsel’s assertion”. The judgment of the lower court that comprehensively rendered the evidence of its judgment is just and acceptable even in the case of the first instance.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. As to the assertion that the crime of this case was committed in favor of the defendant by deceiving the victim, and by deceiving the victim with the amount of 50 million won invested by the victim, and there is no record that the defendant has been punished or sentenced to suspension of qualification or more punishment for the same crime, and the defendant deposited the amount of 42 million won in the court below in order to recover damage.

However, damage caused by the instant crime.

유사 판례

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