(영문) 서울북부지방법원 2020.11.05 2020노1124

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2020.11.05 2020노1124

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the facts charged in the judgment of the court below, the court below found the defendant guilty on the whole amount of the borrowed money stated in the facts charged, although it should be excluded from the acquired money, since the borrowed money of KRW 38,449,00,00, out of KRW 50,000,000, in relation to paragraph (3) of the facts charged in the judgment of the court below, should be used appropriately for the purpose of the victim's speech, and in relation to paragraph (4) of the facts charged in the judgment of the court below, the court below found the defendant guilty on the grounds that

Therefore, the court below erred by misunderstanding of facts and misunderstanding of legal principles.

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

2. Determination

A. The judgment of the court below on the assertion of mistake of facts (as to Article 3 and paragraph (4) of the facts charged in the judgment of the court below) 1) based on various circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below determined that in relation to paragraph (3) of the judgment of the court below, the defendant deceivings the victim as to this part of the facts charged, and acquired 50 million won from the victim by deceiving the victim as to paragraph (3) of the judgment of the court below, and that the defendant allowed the victim to pay 3,308,60 won in the name of storage fees as stated in the judgment of the court below without any intent or ability to pay in relation to paragraph (4) of the judgment of the court below. 2) The judgment of the court below on the argument as to paragraph (3) of the facts charged in the judgment of the court below should be excluded from the amount of money borrowed, since the defendant's judgment on the assertion as to paragraph (3) of the judgment of the court below as to "T-10 won", part of the charges.

유사 판례

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