(영문) 대전지방법원 2019.11.21 2018노2326 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2019.11.21 2018노2326

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1. Facts charged No. 1. A.: Victims C (hereinafter “victims”)

3) The Defendant’s project to develop the mine as stated in this part of the facts charged (hereinafter “instant project”).

(B) Although the Defendant agreed to pay KRW 3 billion within a week in relation to the above, he did not comply with the agreement. The Defendant did not implement the instant project as planned due to the nonperformance of the victim’s obligation, and did not have the intent to commit fraud. (ii) The facts charged No. 1.B.

Paragraph : The amount that the defendant borrowed from the victim as the attorney's fees for separate civil cases is about KRW 20 million, and the amount that the defendant borrowed under the above name is fully repaid to the victim. Therefore, there was no intention to commit deception and fraud.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, three years of suspended execution, and community service order) is too unreasonable.

2. Determination

A. 1) In light of the relevant legal principles and the principle of court-oriented trials, etc., comprehensively considering the results of the first instance court’s examination and the results of further examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s decision as to the credibility of the statement made by the witness in the first instance unless there are exceptional cases where it is deemed that maintaining the first instance court’s decision on the credibility of the statement made by the witness in the first instance is significantly unfair (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). In addition, where the statement made by the witness in the main part is consistent, the credibility of the statement should not be readily denied solely on the ground that the statement made by the witness is somewhat inconsistent (see, e.g., Supreme Court Decision 2007Do10728, Mar. 14, 2008).

The defendant is also dissatisfied with the judgment of the court below on the fraud of the claim.

참조판례

-대법원 2008.3.14. 선고 2007도10728 판결

-대법원 2010. 2. 25. 선고 2009도14409 판결

유사 판례

-대구지방법원 2016.07.06 2015노4224

-춘천지방법원 2013.07.24 2012노69

-대전지방법원 2019.01.24 2018노2288

-대전지방법원 2016.12.22 2016노2107

-대전지방법원 2019.06.04 2019노78