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(영문) 전주지방법원 2012.11.02 2012노570

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts had the intent and ability to order each construction work indicated in the instant facts charged at the time when the Defendant received business promotion expenses from the victim, and had the victim had the intent and ability to repay the money recorded in the instant facts charged at the time of borrowing them from the victim, the lower court accepted the instant facts charged and convicted the Defendant. In so doing, the lower court erred by misapprehending the facts, which affected the conclusion of the judgment. 2) The sentence imposed by the lower court of unfair sentencing (eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The judgment of the court below also made the same assertion as the grounds for appeal in this case, and the court below rejected the above argument in detail under the title "the judgment of the defendant's assertion" in the reasons for the judgment. In light of the records and thorough review of the judgment of the court below, the judgment of the court below is just, and there is no error of law of misunderstanding of facts as pointed out by the defendant. Thus, the defendant's assertion of misunderstanding of facts is without merit.

[Defendant asserted to the effect that he had had the victim perform the E business-related construction work as originally promised by the Defendant, but according to the evidence duly admitted and investigated by the court below, the defendant did not merely participate in a competitive bidding to the extent that the Defendant promised to the victim and did not receive the construction work as the lowest bidder or subordinate bidder, but it was recognized that the defendant did not exercise the influence over the decision-making authority of the D, thereby leading the victim to the price desired by the victim (for example, 52 pages of the trial record).