(영문) 수원지방법원 2019.10.25 2019노3748 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.10.25 2019노3748

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When the defendant asked the victim to pay the price of the goods by subrogation, it is true that he/she has failed to pay the price of the goods by subrogation. However, at the time of requesting the payment by subrogation, he/she has no intention to acquire the pecuniary profit from the victim.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous and erroneous.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the Defendant alleged to the same purport in the lower court’s judgment. As to this, the lower court found the Defendant guilty of this part of the facts charged by taking account of the circumstances as indicated in its reasoning, which can be seen through the evidence duly adopted and examined. 2) According to the evidence duly adopted and examined by the lower court, the lower court’s judgment was based on

① From around 2012, the Defendant imported various miscellaneousization in China from China to distribute it to Korea, and the victim is working as an agent for the import of various miscellaneousizations from around 1989 to “D.”

② On January 2014, the Defendant became aware of the victim by introducing friendships.

On January 12, 2014, the Defendant and the victim entered into a contract with the effect that “the Defendant shall import goods from China by using the credit that the victim opened, pay 2% of the price for the goods to the victim as commission and pay the price for the goods to the issuing bank by the maturity stipulated in the above credit.”

③ The injured party, as stated in the separate sheet, issued each letter of credit corresponding to “the date of issuance of the letter of credit” to the Defendant, respectively, on 26 occasions.

Using each of the above L/C, the Defendant imported various miscellaneouss equivalent to ‘the cost of goods' in the annexed sheet in China.

(4) The defendant.

유사 판례

-서울중앙지방법원 2014.10.17 2013고단6492

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-수원지방법원 안산지원 2019.06.27 2018고단2483

-서울고등법원 2017. 5. 12. 선고 2016나2076849 판결

-의정부지방법원 고양지원 2019.03.07 2017고단3381