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(영문) 수원지방법원 2017.12.01 2016노8240
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the fact-misunderstanding (misunderstanding of odometer) that Defendant posted a vehicle information on a “N” website to sell a 57-line passenger car (hereinafter “instant vehicle”) in G Mack, and indicated the odometer at 77,000 km, and delivered the vehicle registration certificate with the odometer 77,658 km at the time of sale to the victim at the time of sale and purchase, the Defendant did not deceiving the victim of the odometer.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

2) The punishment sentenced by the lower court (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

B. In full view of the following facts: (a) the victim’s statement was specifically and consistent as to the mistake of fact (as to deception as to whether a person was a person responsible for the transfer of a motor vehicle); (b) the Defendant did not deliver a record of inspection of the performance status of a used motor vehicle to the victim at the time of sale; and (c) the statement made by the J from the Defendant that the victim was an accident vehicle is not consistent; and (d) the Defendant could recognize the fact of deceiving the victim by not notifying the

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. An ex officio judgment prosecutor applied for permission to amend an indictment with the content that the facts charged are modified in the trial as follows, and the judgment of the court below can no longer be maintained as the case is permitted by this court and the case is changed.

Nevertheless, the defendant and the prosecutor's assertion of mistake is still subject to determination, and this is examined.

The defendant is the victim of this case.

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