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(영문) 창원지방법원 2014.08.14 2013노1841

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding the facts as follows, which affected the conclusion of the judgment.

1) Although the Defendant notified the victim of the fact that 6th half of the first half of the vessel was provided as a security for transfer to a third party at the time of selling six first half of the vessel, the lower court determined that the Defendant received the purchase price from the victim without notifying the victim of such fact. 2) Although the Defendant purchased three of the six first half of the six first half of the object of the sales contract and delivered three of the remaining three first half of the same function to the victim, the lower court determined that the Defendant did not have any intent or ability to transfer and deliver six first half of the vessel that the Defendant decided to sell to the victim.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. On November 16, 2010, the defendant of this part of the facts charged is about the facts at the victim D office located in Seongbuk-gu, Changwon-si around 10:0, and about November 16, 2010, the defendant had the ability to sell to the victim the C&C (400GI C07-1203-C05, 4007GI C007-1203-C007, KIT450 GIT 372-3609, KIT450 GIT372-3603, KIT450 GIT22-360, KIT372-2386, KIT407, KIT272-382-388, KIT407, G2838, G2538, KIT's ownership and transfer of the remaining E-238-27, 307, 207.