(영문) 서울동부지방법원 2013.05.30 2013노191

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2013.05.30 2013노191

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) of the lower court is too unreasonable.

2. The crime of this case is an unfavorable circumstance to sentencing, in collusion with I who is an accomplice, and uses the food materials supply contract, thereby deceiving the victim N to use it, thereby deceiving the victim N, and failing to fully repay the victim to the trial.

However, the crime of this case appears to have been committed under the initiative of I, who is an accomplice, and the defendant was committed at the trial, and all of the crimes of this case were committed at the trial, and the defendant seems to have been committed in depth for four months up to the trial. Further, according to the letter of July 11, 201 (Evidence No. 22 of the Evidence Record), the O entrusted with all investment authority from the victim, received from I as of July 1, 201, and received from I, respectively, KRW 25 million,50 million, and KRW 50 million from the defendant, it can be deemed that the actual return was made. According to the witness S's legal statement, each of the above facts of forgery was discovered, the defendant andO was prepared to arrange N's investment amount of KRW 20 million from D office on July 11, 2011. At the time of preparation, the aboveO attended the victim N on behalf of the victim, and paid KRW 500,500,000.

(Nos. 109 through 111 of the trial records). A witness of the court below also stated that the facts that the defendant received KRW 25 million from I pursuant to the above written statement are recognized (No. 125 of the trial records). A witness of the court below stated that he did not participate in the preparation of the above written statement and that he was inconsistent with the witness S of the court below's testimony (No. 124 of the trial records), and that the amount of KRW 25 million received from I did not have any reason to return to the victim, and that the defendant did not have any obligation to return it to the victim.

(Public Trial Records No. 125, 126). Accordingly, the victim is at least a position on behalf of the victim.

유사 판례

-광주고등법원 2012.12.06 2012노104

-서울동부지방법원 2013.11.28 2013노1045

-서울고등법원 2020.04.16 2020노317

-부산지방법원 2016.12.02 2016고합722

-서울중앙지방법원 2018.05.25 2018노380