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(영문) 춘천지방법원 2018.12.21 2018노214

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant received a notice of receipt of the records of trial from this court on March 21, 2018, but did not submit a written reason for appeal within a lawful period, and the Defendant did not appear on the first trial date ( October 24, 2018) and the second trial date ( November 21, 2018).

However, since the defendant who argued not guilty at the lower court submitted a petition of appeal on February 28, 2018, stated that "the whole appeal shall be dismissed" in the lower judgment while submitting a petition of appeal on February 28, 2018, the defendant shall be deemed to have lodged an appeal on the grounds of mistake of facts (the same assertion as the allegation of innocence

A. Fact-misunderstanding 1) In relation to a passenger car of benz E350, the J, which was a towing engineer, had the vehicle in question, maintained the vehicle in question at the Defendant’s workplace after repairing the vehicle in question, and decided to divide the profits earned in the course of sale into J and the victim E. However, the repair cost was not paid due to the Defendant’s failure to lend part of the loan paid to the Defendant, and thus, the Defendant is not liable to the Defendant.

2) A passenger car in benz E200K purchased benz E200 K, which is a vehicle involved in an accident, the Defendant repaired and transferred it to the victim E, and the vehicle security loan amount by the method of payment of vehicle proceeds from the damaged person was received by the Defendant (K in accordance with the Defendant’s instructions).

B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.

2. Determination

A. The lower court’s argument that the Defendant’s assertion of mistake of facts is identical to the grounds for appeal of this case, and the lower court, on the ground that the Defendant’s argument and its judgment are stated in detail, under the title “judgment on the Defendant’s argument” in the judgment.