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(영문) 인천지방법원 2017.09.08 2017노593

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the Defendant did not obtain money from the victims, and did not intend to obtain money from the victims, as the Defendant ordered the production of gykes to the factory and delivered all the produced products to the victims with respect to the second crime Nos. 1 and 3 of the crime list among the frauds in the instant charges.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service order 120 hours) is too unreasonable.

2. The following circumstances: (a) the lower court’s judgment as to the assertion of mistake of facts, the evidence duly adopted and examined by the first instance court, and the evidence duly admitted and examined by the first instance court; (b) the Defendant consistently committed fraud with the victims as stated in the instant facts charged at an investigative agency and the lower court.

All of them are accepted, and the defendant denies some of them for the first time, and the victim D stated that "the appearance of his own product is different from that of his own product, the quality of the product is extremely poor, and the defendant received the product later, and the defendant requested the manufacturing of the gate uniforms to another factory that was produced by her own product to meet the delivery work." ③ The defendant seems to have already been unable to maintain the financial condition at the time when she was requested the manufacturing of the gate uniforms from the victims. ④ As alleged by the defendant, the defendant actually ordered the gate uniforms manufactured by her victims to the factory and delivered the produced product to the victims, even if the defendant had actually ordered the gate uniforms manufactured by her victims, it was ordered to another factory that was not the place where relianced victims who trusted the delivery of the product of the quality is delivered, and if the product manufactured at that place is defective, it was delivered.