(영문) 서울남부지방법원 2020.01.31 2019노1420

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2020.01.31 2019노1420

사기

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant A’s borrowing of KRW 20 million from the victim C of misunderstanding of facts or misunderstanding of legal principles as to Defendant A’s 2018 Highest 3149 case is not Defendant A butO, and even if Defendant A borrowed this, Defendant A had the ability to repay at the time, there was no deception or intention.

B. The Defendants do not acquire money from the said victims by fraud, such as misunderstanding of facts or misunderstanding of legal principles as to the case of 2018 Highest 4376 by the Defendants, that they would be an employee of L Co., Ltd. (hereinafter “L”) or to select L as a contractor.

C. Each sentence of the lower court on the Defendants (Defendant A: Imprisonment with prison labor for a year and six months, and Defendant B: imprisonment with prison labor for a year) is too unreasonable.

2. Determination

A. The lower court determined that Defendant A could fully recognize the fact of deceiving the victim C and deceiving the money from the victim in light of the circumstances as stated in its reasoning, which were revealed by the evidence duly admitted and investigated by the lower court.

Examining the judgment of the court below closely after comparison with the records, the above judgment of the court below is just, and the defendant A's allegation of mistake or misapprehension of legal principles is without merit.

B. In light of the following facts and circumstances revealed by the lower court and the evidence duly admitted and investigated by the first instance court as to the Defendants’ 2018 Godan4326 case, it is insufficient to recognize the fact that the Defendants deceptioned the victimJ (hereinafter referred to as “victim”) as stated in the indictment and acquired money from the victim, and there is no other evidence to acknowledge it.

The defendants' assertion of misunderstanding of facts or misapprehension of legal principles is justified.

Defendant

B and the victim on May 2017

유사 판례

-서울고등법원 2013.01.11 2012노3460

-서울북부지방법원 2013.10.24 2013노1030

-대구지방법원 2020.11.25 2020노1668

-수원지방법원 2013.09.12 2013노2646

-서울남부지방법원 2020.01.31 2019노1371