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(영문) 대전지방법원 2014.07.10 2013노2426

사기

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with the consent of the representative I of C Co., Ltd. (hereinafter “C”), uses building materials at the construction site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. On October 11, 2012, the Defendant: (a) called “Around the influencies of the victim-based snow industry corporation” phone called to F employees of the victim-based snow industry corporation; and (b) “C at the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site in

However, it is true that the Defendant had been aware that he had supplied the building materials of the above D building newly built by C Co., Ltd., and received them as if they were used in D Co., Ltd., and the Defendant thought to use them in the construction site located in Heung-gu E when the Defendant takes charge of the steel construction work. The Defendant was not related to C Co., Ltd., and the Defendant had no intention or ability to pay the price, even if he received the building materials from the victim.

The Defendant, as such, by deceiving F, received 300 short pipes, which are equivalent to KRW 8 million at the market price of the victim owned by F, from F, 300 short pipes, 150 short pipes, 800 high lamps, and 278 short-tech connection pin.

3. Judgment on the defendant's assertion of mistake of facts

A. The evidence duly admitted and examined by the court below and the records of this case are acknowledged as follows.

1. The defendant.