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(영문) 수원지방법원 2012.11.29 2012노4046
사기
Text

The judgment below

Among the guilty parts, each fraud against victim D and E, victim F, and victim F, around April 30, 2009 and around April 30, 2009.

Reasons

1. Summary of grounds for appeal;

A. As to each part of innocence (the fraud against the victim D, E, and F) in the judgment of the court below, the defendant continued to engage in the import business of scrap metal from December 2, 2008 to July 2009, and the defendant did not receive a normal scrap metal from many victims and did not supply it, and the defendant did not have the ability to pay the deposit to the Chinese scrap metal supplier. Although the defendant did not receive the deposit from the victim D, E, and F, the defendant sold scrap metal to the defendant more excessively lower than the purchase price from the high scrap metal supplier than the price that the defendant purchased from the above victims, even if the defendant received the deposit from the above victims, the defendant received KRW 80 million from the victim D and received only KRW 30 million, and the defendant was not guilty of the remaining part of the bill of lading, and the court below found the defendant not guilty of the payment of the bill of lading as to the part of the bill of lading.

B. As to the conviction on the judgment of the court below on the unfair sentencing, considering the fact that the defendant was a large amount of money obtained by deceit from the victim H, I and L from KRW 170 million, but the damage has not been recovered, and that the nature of the crime is poor in light of the criminal law of the defendant, the sentence of the court below against the defendant (two years of suspended execution in October, and probation) is too unreasonable.

2. Determination

A. Judgment of misunderstanding of facts or misunderstanding of legal principles 1) Summary of this part of the facts charged (D, E, and F)

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