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(영문) 서울중앙지방법원 2018.04.05 2017노4500

사기

Text

The defendant's appeal is dismissed.

Reasons

The defendant, who is aware of the summary of the grounds for appeal, planned to import and sell a master-name store in Italy with the victim, and actually used the investment fund received from the injured party to import a master-name store.

As a result, only the sale of a prestigious product is not planned, and there is no intention that the defendant deceivings the victim or acquired the investment money from the victim.

Nevertheless, the lower court found the Defendant guilty of this error by misapprehending the facts.

The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

Judgment

The court below affirmed the defendant's argument in detail at the bottom of the space where the evidence was used. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below, the court below's finding the defendant guilty based on the above facts finding and judgment is just and acceptable. In so doing, the court below erred by misapprehending the facts as pointed out by the defendant.

shall not be deemed to exist.

At the time of receiving the instant investment money from the victimized party, the Defendant stated to the effect that if only the goods are imported, the goods can be sold and the profits therefrom may be earned.

However, the defendant requested the sale of display to G located in Jeonju-si, and the defendant was not sold at one time, and the defendant was paid storage fees and returned.

The victims also have not sold 24 points for each of them, but it is not easy to sell high-priced household bags through individuals' stores, etc., rather than regular stores.

The decision is judged.

In full view of these circumstances, although customs duties, customs duties, customs fees, etc. have not been paid after the purchase of prestigious items, the actual receipt of prestigious items will be made.