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(영문) 서울중앙지방법원 2017.11.16 2017노1364

사기미수

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding of the facts, misunderstanding of the legal principle) was intended to sell the curios as indicated in the facts charged (hereinafter “the instant curios”) by deceiving the victim by deceiving the victim through deception, and the facts charged in the instant case are recognized, and the judgment of the court below which acquitted the Defendant, is erroneous in the misapprehension of the legal principles as to mistake and the establishment of deception.

The 12 points of the instant curios: (a) Consideration Maga-dong Symnasium, ② Mymnasium, ③ Mymnasium, ③ Mymnasium, ④ Mymnasium, ⑤ Mymnasium, ② Mymnasium, ② Mymnasium, ② Mymnasium, ② Mymnasium, ② Mymnasium, ② Mymnasium, ② Mymnasium, ② Mymnasium, ② Mymnasium, ② Mymnasium, ② Mymnasium, and ② Mymnasium, etc., in the Joseon Dynasty.

(G) The Korean High Art Association appraised all of the instant curios as household effects, and the affiliated appraiser M made a statement to the effect that all of the instant curios were household effects in the original trial.

The association is an authorized appraisal institution of the Korean relics approved by the Cultural Heritage Administration, and the court below rejected the appraisal results in a situation where there is no reason to suspect public confidence, and exceeded the limit of free evaluation principle.

The Defendant: (a) exchanged with or provided with additional money for the sales of curios and his own curios; or (b) purchased them;

One of the arguments, the objective data has not been presented, and it does not seem to be the process of obtaining the products.

The Defendant’s 12 of the instant curios is a good that has passed the value of each KRW 12 billion, and then brings them into a post office stuff, bringing them into a place of transaction, or temporarily keeping them into the public service center of the residents’ self-governing center, thereby violating the rule of experience.

There is deception against the defendant.

The defendant's act that the defendant claims as a valuable article while neglecting his/her ability to appraise his/her curios may cause mistake of the general public.