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(영문) 대구지방법원 2018.11.23 2018노2381

사기등

Text

The judgment below

The remainder of the compensation order, excluding those related to the compensation order, shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles, the Defendant did not recognize a public contest relationship and recognized only aiding and abetting the victim B and F by deceiving the victim B and F, thereby adversely affecting the conclusion of the judgment by misapprehending the legal principles.

2) The sentence sentenced by the lower court (one year and four months of imprisonment) is too unhued and unfair.

B. Defendant 1 did not commit fraud by engaging only in a large amount of arba, nor by participating in, or participating in, the criminal act with his name or with K.

However, the judgment of the court below that found the defendant guilty on the facts charged of this case as a joint principal offender or a joint principal offender is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. We examine both factual misunderstandings and misapprehension of the legal principles and the Defendant’s assertion together.

A. The summary of the facts charged in the instant case is as follows: (a) fraud with the victim B (a) the Defendant and the influence of the name of the deceased; (b) the Defendant and the influence of the name of the deceased, on the Internet, posted a notice to sell high-priced goods, such as precious metals, on the Internet’s trading site; (c) contact with the person who posted the notice on the sales; and (d) “I want to purchase items posted on the Internet.”

Sending goods by using convenience stores;

different types.

It is intended to send money if the receipt received at the convenience store is stamped by a photograph.

“Falsely speaking,” and then, if the seller receives the receipt from the convenience store and then affixs it by photo, the name omitted person seeks to cancel the door-to-door receipt received by the seller as if he was the person who received the call to the convenience store employees using the information stated in the above receipt and as if he was the person who received the call.

Theme to send a person is false that "the return of a substitute ship to that person", and its equipment is convenience store.