(영문) 대구지방법원 2015.08.21 2015노1311 | 리걸엔진

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(영문) 대구지방법원 2015.08.21 2015노1311

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant borrowed KRW 40 million from the victim on January 28, 2011 in order to prepare an agreed amount related to the accident at the scene of the removal work (No. 15, a year No. 15, in the judgment of the court of original instance) with respect to the case of 2013 Godan6719. However, in relation to the case of FUU removal work, the Defendant did not receive the money from the victim on the pretext of advance payment of the scrap metal amount. 2) The Defendant would give the victim a scrap metal equivalent to KRW 20,000,000 as stated in the judgment of the court below or repay it with the construction work amount, as stated in the judgment of the court below, around March 18, 2011.

‘The fact that the victim had the victim paid 5 million won out of the Defendant’s obligation to pay the construction price to G Co., Ltd., but at the time, the Defendant had the intent to pay the construction price, so it cannot be recognized as the crime of defraudation.

Nevertheless, the court below convicted all of the facts charged of this case. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.

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

2. Determination

A. Determination of misunderstanding of facts 1) The evidence duly adopted and examined by the court below regarding the argument about the crime of the 2013 Highest 6719 case and the following circumstances acknowledged by the testimony at the trial court of the witness C, namely, ① each statement from the investigation agency of the victim who corresponds to the facts charged in this case to the trial court of the party concerned, is considerably detailed and consistent with the background of the crime in this case, the defendant's method of taking the crime in this case, the payment date and method of the victim's scrap metal (pre-payment), the progress after the crime, etc., and the victim's statement related to the method of paying KRW 70,000,000,000 won in total requested by the defendant, and ② each statement from the victim's victim's statement related to the method of paying the defendant's payment of the amount of money in this case

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