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(영문) 인천지방법원 2013.12.20 2013노1655

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not say that the monthly sales of the instant site was KRW 17 million to the victim.

At the time of selling the site of this case, the total sales (total sales up to the day before the defendant was transferred) other than monthly sales at the manager page, which the defendant shown to the victim at the time of selling the site of this case, was equivalent to KRW 17 million. Meanwhile, while operating the site of this case, the defendant posted sales close to KRW 17 million and explained it to the victim as text messages.

Therefore, the Defendant did not deceiving the victim regarding the sales amount of the site of this case as stated in the facts charged of this case.

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

2. Determination

A. The defendant alleged that there was no deception by the victim as stated in the facts charged in this case, and the court below stated in detail the "decision on the defendant and his defense counsel's assertion" in the part of the "decision on the defendant's and defense counsel's assertion" and judged that the defendant deceivings the victim as stated in the judgment of the court below. The

Meanwhile, the Defendant’s purchase of the instant site at an investigative agency and the lower court, around April 2012, operated one month until the date of sale to the victim. On April 27, 2012, the Defendant stated that the sales amount of the instant site was KRW 550,00,000 to H on April 27, 2012, and KRW 4,939,040, total amount of KRW 5,489,040 on May 4, 2012. On February 2012, the Defendant’s purchase of the site was operated for three months from March 6, 2012, including KRW 1,00,000 (J), KRW 10,250,000 (I), and KRW 16,379,000,000 on March 30, 201, and provided the Defendant’s text messages and the Defendant’s total sales amount as above.