(영문) 의정부지방법원 2017.05.11 2016노1540

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.05.11 2016노1540

사기

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not obligated to pay C with an employee who is not the operator of the Company E, and the Defendant is not an operator of the Company E.

Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous.

B. The sentence sentenced by the lower court to the Defendant (an amount of four million won) is too unreasonable.

2. Before determining the grounds for appeal by the defendant's authority, the prosecutor examined ex officio prior to the determination of the grounds for appeal by the defendant, and the provisions applicable to the defendant in Article 347 (1) of the Criminal Act to "Article 347 (2) and (1) of the Criminal Act" are "Article 347 (1) of the Criminal Act," and the facts charged (the grounds for re-use) are as stated in Article 347 (1) of the Criminal Act, and the judgment of the court below cannot be maintained in this respect as it was changed by this court's permission.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed, and it is again decided as follows.

【Grounds for another judgment】

1. The summary of the facts charged in the instant case did not have the intent or ability to pay the price even if the Defendant entered into a contract with the victim C to install the HD relay system.

Nevertheless, on August 27, 2014, the Defendant would pay KRW 11 million after the completion of the HD cable connection work before the office E Co., Ltd. in Namyang-si.

A false statement shall be made and the victim shall be from August 27, 2014.

8. Along with the completion of the work until 30.30, the construction cost of 11 million won was not paid, thereby allowing E to acquire pecuniary benefits equivalent to the same amount.

2. Determination

A. The prosecutor bears the burden of proving the facts charged in a criminal trial.

참조조문

-형법 제347조 제1항

-형법 제347조 제2항

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