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(영문) 울산지방법원 2018.08.30 2017노1403

사기

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) Defendant A merely received money from the victim F and delivered it to Defendant B by deceiving Defendant B on the part of Defendant A, and the Defendant did not have the intention to obtain the money.

Nevertheless, the court below found this portion guilty, and there is a violation of law by mistake.

2) Defendant BA’s defraudation of money by deceiving the defrauded F with the victim F by deceiving the victim F does not constitute a conspiracy between the Defendant and the Defendant and the Defendant.

Nevertheless, the court below found this portion guilty, and there is a violation of law by mistake.

B) At the time of fraud against the victim I, the Defendant purchased coffee machines in proportion to the price of coffee machines under an agreement with the victim I, and had the intent to pay and the ability to pay the share to be borne by the Defendant.

Nevertheless, the court below found this portion guilty, and there is a violation of law by mistake.

B. The punishment sentenced by the lower court to the Defendants (two years and six months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the following circumstances acknowledged by the evidence duly adopted by this court, the judgment of the court below that found the Defendants guilty of this part of the facts charged is just in its conclusion, and therefore, the Defendant A’s assertion of mistake of facts and the allegation of mistake of facts in this part of the Defendant B are without merit.

1) As Defendant A solicited the victim to make an investment according to the horses of Defendant B, Defendant A became aware that his speech was eventually false.

One of the arguments, the defendant A is the victim F.