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(영문) 대전지방법원 2014.09.04 2014노305

사기미수

Text

All the defendant and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts on November 10, 2010, the Defendant: (a) from the victim’s side of the victim and the Ethyer 122 Lyers.” (hereinafter “the mountain case of this case”).

) A contract under which the import agency will act as an import agent (hereinafter referred to as “the basic contract for the import agency of this case”).

After the conclusion of the contract, the instant mountain case was normally imported from HA to HA in accordance with the terms and conditions of the contract. Rather, there was a fact that the victim was not paid part of the price of the instant mountain case. Rather, the instant mountain case was not paid by the victim. In mind, the instant mountain case was supplied as a product of another company, not the HAD system, which is part of the instant mountain case, and the exhaust ventilation system was intended to supply the instant mountain case as a product of another company, and there was no fact that the victim attempted to receive the amount equivalent to the difference between the amount such as the HA engine ventilation system, etc., and the amount of other company exhaust ventilation system, etc., from the victim, among the basic import agency contract of this case, by cancelling the import agent contract of this case, such as the exhaust ventilation system, etc. equivalent to 100,279, out of the import agent contract of this case.

B. The court below’s sentence of the prosecutor (e.g., e., e., e., e., t

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment as to the Defendant’s assertion of mistake of facts and the evidence duly admitted and investigated by the court below, the Defendant, unlike the content of the instant basic contract on import agency, has been aware of the fact that the Defendant, unlike the content of the instant basic contract on import agency, intended to acquire property benefits from the victim by deceiving the victim by means of cancelling the import of the instant exhaust ventilation system, etc., among the basic contract on import agency, by supplying the instant exhaust ventilation system, etc. to the

1. The defendant is the representative director of the G.S., who engages in the business of manufacturing, installing, exporting, etc. livestock machinery, and the victim I and M shall be the victim.