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(영문) 서울중앙지방법원 2018.11.30 2018노2187

사기

Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

misunderstanding the substance of the grounds for appeal and misunderstanding the legal principles, the defendant did not deceiving the victim B and did not have any intention to acquire the victim B.

The punishment of the court below (one million won) which is unfair in sentencing is too unreasonable.

Judgment

The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and misapprehension of legal doctrine and the evidence duly adopted and investigated by the trial court and the trial court. In other words, the Defendant purchased approximately KRW 100,000,000 ( KRW 0.01,00 per opening party) and sold KRW 3,00,000 ( KRW 6,000 per opening party, KRW 60,000) out of the purchase price to the victim (Evidence 74,75), ② at an investigative agency, the Defendant explained the victim of the company policy, and the Defendant sold KRW 50,000,000 to the victim on August 15, 2017.

The statement (76 pages of evidence) (1,024 won per statement) (76 pages of evidence) (1,024 won per statement). (3) However, upon the defendant's statement, C is merely a kind of virtual currency developed by G, etc. in Korea as if there is a bit coin in a foreign country, as if there is a virtual currency (74 pages of evidence records), and G is made by H, the representative of G (27 pages of evidence records) and C homepage. The statement is written as "I" on the right upper right upper end, while the statement is written as "J" on the left upper end of the upper end, the level of money should be adjusted (444 pages of evidence records). However, there is no exchange (28 pages of evidence records). ④ In light of the facts charged by the defendant, the defendant, as the victim of the project promoted by C from the government (28 pages of evidence records).

Since the defendant's mistake of facts can be fully recognized, the defendant's allegation is without merit.

It is the recovery of damage caused by the illegal argument of sentencing.