(영문) 광주지방법원 2017.05.02 2017노484 | 리걸엔진

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(영문) 광주지방법원 2017.05.02 2017노484

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant is merely to receive money from the injured party under the pretext of investing in the main points operated by the defendant, and there is no fact of deceiving the injured party.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant may be recognized by borrowing KRW 80 million from the injured party in spite of the intent or ability to repay. Therefore, the Defendant’s assertion of mistake of facts is without merit.

1) Comprehensively taking account of the following circumstances as to whether the Defendant received money from the injured party is a loan or an investment fund, it may be recognized that the Defendant received KRW 80 million from the injured party as a loan.

A) The victim stated that the amount of KRW 80 million paid to the Defendant is not an investment, but a loan, in a specific and consistent manner from the investigative agency to this court.

B) First, in relation to the Defendant’s total amount of KRW 40 million received on October 16, 2015, the Defendant consistently stated at an investigative agency that the said money was borrowed. The Defendant consistently stated at the investigative agency that the said money was borrowed, and even in the statement on the grounds of appeal submitted by the Defendant in the appellate trial, the said money was written to the effect that it was borrowed, and is consistent with the victim’s statement.

C) Next, as to the amount of KRW 40 million that the Defendant received on September 7, 2015, the Defendant drafted a certificate of the process of the abortion, which is a compulsory execution with respect to the amount of KRW 40 million, between the victim and the victim on the same day, and the Defendant is in line with the victim’s statement that the said money was loaned.

In addition, on December 15, 2015, the Defendant, while making a telephone conversation with the victim on December 15, 2015, put the victim in KRW 40 million, and the Defendant and the victim.

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