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(영문) 수원지방법원 2020.01.10 2019노6208

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts and misunderstanding of legal principles made an actual transaction by the defendant, and accordingly, the F Bank borrowed the amount of No. 1 through No. 5 of the crime list from the F Bank with the purchase fund, the defendant does not acquire such money from the F Bank.

B. The sentence imposed by the court below (10 months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant has the same assertion as the Defendant alleged in the lower court on the erroneous determination of facts and misapprehension of legal doctrine.

The court below rejected the assertion in detail under the title "the judgment on the defendant and his defense counsel's assertion".

The judgment of the court below was duly adopted and examined by the court below, and the defendant, in particular, the amount of the transaction with the Dispute Resolution Co., Ltd. prior to the loan of this case is about 2 million won, and there was a rapid increase in demand for the game key in the time of the transaction of this case, and accordingly, the demand for the keyboard sold by the Dispute Resolution Co., Ltd. and the demand for the TV sold by the Dispute Resolution Co., Ltd. has been rapidly increased at the same time (Evidence 32 pages). On the other hand, the defendant stated that there are two or more keyboards purchased by the Dispute Resolution Co., Ltd. from the Dispute Resolution Co., Ltd. and the remaining products were returned (Evidence 1:71 pages of evidence record), and the defendant was unable to believe the above argument as it is, and the defendant concluded the Credit Resolution Co., Ltd. and the Credit Resolution Co., Ltd. in fact with the Dispute Resolution Co., Ltd., and the defendant did not directly deliver the goods to the victim, as stated in the judgment below.