사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the fact-finding) stated that the Defendant ordered the victims to purchase goods overseas, and it was not sent to the victims due to the failure to receive the goods from a foreign country, and it was not the fact that the Defendant intentionally acquired the price of the goods by fraud.
Nevertheless, the court below erred by misapprehending the facts charged.
2. The court below rejected the above assertion on the ground that the defendant had sufficiently been aware of the fact that the defendant acquired the price of the goods from the victims as stated in the decision of the court below while explaining in detail the judgment on the defendant's argument at the bottom of "a summary of evidence" of the judgment of the court below.
In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the defendant did not confirm electronic data if the victims failed to contact with the victims, or (ii) the defendant did not confirm the details of an order again to a foreign customer in relation to the goods (foreign goods) that the defendant sent back to G; (iii) the court below provided the defendant with an opportunity to submit relevant data, such as the details of an order issued to the defendant; but (iv) the defendant did not attend the court at the trial from the second trial date without submitting the data, the court below's aforementioned decision is just and there was no error of mistake of facts as pointed out by the defendant.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.