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(영문) 인천지방법원 2014.10.01 2014노1615

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not request D, I and L to supply a larger quantity by making a false statement to D, I and C, and had the intent and ability to supply a good by receiving 30 million won advance payment from P.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Determination of facts (1) The credibility of a confession shall be made in consideration of the existence of the objective rationality of the contents of the confession itself, the motive or reason for the confession, the circumstances leading up to the confession, and the existence of circumstantial evidence that conflict with and is inconsistent

(2) On February 11, 2003, the Defendant: (a) made a confession and confession against D, I and L Co., Ltd.; (b) made a confession on the fraud of P; and (c) made a confession of all the criminal facts at the original trial; and (d) denied all the charges; (b) made a confession and denied all the charges; and (c) made a false confession by using another Defendant’s mistake to avoid all the responsibility to the Defendant; (d) although the contents of the confession do not seem unreasonable; (c) each of the criminal facts of the instant case do not seem to have been so excessive that the Defendant received the assistance of counsel; and (d) in light of the fact that each of the criminal facts of the instant case was so excessive that the Defendant received the assistance of counsel, it is difficult to believe the Defendant’s assertion as to the motive for confession, etc.; and (e) there is no other evidence that conflict with or conflict with the confession or defense.

(2) Rather, comprehensively taking account of the evidence duly adopted and examined by the lower court and the lower court, such as the Defendant’s legal statement and the witness T’s legal statement, the Defendant requested D, I, and L Co., Ltd. to supply a more quantity by making a false statement as in the facts charged, and the Defendant received 30 million won advance payment from P and received 30 million won as the outstanding amount, and recognized the fact that he did not have the intent or ability to supply the meat to him.