beta
(영문) 청주지방법원 2018.03.29 2017노1323

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of fraud committed by the Defendant on September 1, 2016, the Defendant merely ordered the victim to drink 1 illness and 3 illness in the victim’s “E” house in the victim’s operation, and did not have to drink 2 illness and 20 illness as indicated in the facts charged. Rather, the victim unilaterally brought about both sides. 2) On September 3, 2016, the Defendant notified the victim of the fact that he would drink alcohol to the victim on credit, and obtained the victim’s prior understanding, so it cannot be recognized that the Defendant committed the crime of deception.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. On September 1, 2016, in full view of the following circumstances revealed by the evidence duly admitted and investigated by the court below, determination 1 on the assertion of mistake of facts: (a) In full view of the judgment on the crime of fraud on September 1, 2016; and (b) the fact that the Defendant obtained the above alcohol amount by taking advantage of the victim’s 2 Byung and Macju 20 Byung, etc. from the victim’s drinking house, even if the Defendant did not have any intent or ability to pay the alcohol value, and thus, the Defendant’s assertion on this part

① In the court of the court below, the injured party (around September 1, 2016, the injured party ordered the beer and beer and beer and the injured party (the injured party agreed to take over the above E drinking house) to drink together with the friendship of the injured party and the injured party (the injured party agreed to take over the above E drinking house).

In the proposal, I would like to propose.

“(45 pages of the trial record)” and “Isn't drink on the day of delivery of the defendant.”

“(51) Each statement was made to the effect that “(the 51th page of the trial record)” was made, and there was a consistent statement from the investigative agency to the court of the court of the original instance that the Defendant would send to the account the 520,000 won of the drinking value.

was made.

“(Evidence No. 6 of the evidence record, No. 45 of the trial record, etc.) made a statement to the effect that “.” was “.

(2) The defendant is not present at an investigative agency.