(영문) 대구지방법원 2017.06.30 2016노3797 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.06.30 2016노3797

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to commit fraud at the time of borrowing money from the victim of the fact.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, i.e., the Defendant did not have the ability to repay the said money from the injured party at the time of borrowing it

In full view of the facts as follows: (a) there was a default on the business of the Defendant at the time of the instant case; (b) there was a default on the business of the Defendant at the time of the instant case; (c) there was no movable or immovable property in the name of the Defendant; and (c) the Defendant could have been economically and economically unlikely to reach the balance of the Defendant’s financial account at the time of borrowing the said money from the damaged party to the extent that the balance of the Defendant’s financial account was less than KRW 8,000,000,000,000 borrowed from the damaged party to the extent that the Defendant would not have been used as the operating fund of the said company; and (d) some of the above funds borrowed from the damaged party would have been used as the Defendant’s personal cost at the time of borrowing the said money from the damaged party.

Therefore, the defendant's assertion of facts is without merit.

B. In light of the fact that the amount of the Defendant’s defraudation of the judgment on the illegal argument of sentencing is not so significant, the Defendant agreed with the victim in a voluntary agreement with the victim that the victimized person is not subject to the punishment of the Defendant, and the Defendant has no record of the same crime and no criminal record exceeding the fine.

However, it is unfavorable that the defendant did not oppose the mistake while denying the crime of this case.

. The above.

유사 판례

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