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(영문) 전주지방법원 2015.04.10 2015노149
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is that the victim voluntarily produced tent even though the victim did not regularly request the production of a tent, and the defendant had the intent and ability to pay the price of delivered goods to the victim.

(2) The Defendant asserted unfair sentencing to the effect that the lower court’s punishment is too heavy on the first day of the trial of the first instance. However, the aforementioned argument is not a legitimate reason for appeal, since it had to be considered after the deadline for submitting the grounds for appeal). 2. The following facts and circumstances can be acknowledged by the evidence duly adopted and investigated by the lower court. In other words, the Defendant first contacted the victim and discussed in tent production, and the victim manufactured a tent and delivered it to the Defendant on May 30, 2013, the Defendant prepared a detailed statement of transaction regarding the said tent (Evidence No. 19 of the Evidence Record), and the Defendant prepared a written confirmation of unfair sentencing to the victim on December 27, 2013 that the Defendant promised to pay KRW 3,68,000 to the victim by January 30, 2014 (Evidence No. 6 of the evidence record). The Defendant at the time of the instant case, without having had the capacity to pay the victim the price to the victim, without being paid by the victim.

Therefore, the defendant's assertion is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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