(영문) 대구지방법원 2015.10.23 2014노3872 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.10.23 2014노3872

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged of this case in spite of the fact that the defendant cannot be deemed to have had the criminal intent to acquire by deceit at the time of receiving the goods from the victim.

B. The six-month imprisonment sentenced by the lower court is too unreasonable and unfair.

2. Determination:

A. The lower court acknowledged the following facts based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: (a) from June 2012, the Defendant: (a) from around 1, 2012, the Defendant: (b) made a product by using machinery and equipment from K to supply it to K; and (c) made a monthly payment of KRW 70 million to K using equipment rent; (d) the product produced in I under the agreement was sold in the name of K to the customer; (e) the product was settled in the name of the customer; and (e) was traded in the form of payment after K received payment from the customer; and (e) the Defendant was unable to properly settle the subcontract price to be paid from K at the time of delivery of the instant product due to the failure to pay the above rent from the first month (the Defendant stated in the police station for the above purpose (section 40 of the investigation record); and (e) the Defendant’s statement at the trial court from December 8, 2012 at the time of the first delivery of the instant product from the victim.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts, so this part of the defendant

B. The Defendant did not have the power to decide on the allegation of unfair sentencing, and the Defendant’s beginning became final and conclusive.

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