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(영문) 대전지방법원 2014.07.17 2014노97
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. The Defendant revoked the purchase of one air-conditioner for the installation of container as gift to the Defendant and properly received the price, and F also agreed with F at the time, verbally. There was no criminal intent to obtain the Air-conditioner price from the victim D.

B. D, the principal owner of a household company, was accurately aware of the fact that F made a gift of air conditioners to the Defendant, and since the air conditioners that D had been kept by the card was owned by the Defendant, it was merely a refund of the card price properly settled at the request of the Defendant, who is the owner of air conditioners, and there is no fact that D was deceiving in the process, and there is no fact that it was damaged, so the judgment of the court below convicting the Defendant despite the fact that the crime of fraud should be denied, there is an error of law by mistake of facts.

2. Determination

A. The judgment of the court below as to the assertion that there was no intention to acquire the Air-conditioning money, that is, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① F, in the court of the court below, purchased air-conditioning in order to install air-conditioning facilities without any air-conditioning, and the Corporation attempted to have the air-conditioning facilities after the completion of the construction, because the Defendant actually stated that the Defendant was in his own real estate office, and ② at the time of the investigation, the Defendant settled the Defendant with one’s own equipment or card by the police or by paying it with one’s own equipment and card, and thus, the Defendant could not cancel the payment without the F’s consent.

B. And F find E stores and F changed F to cancel the card settlement.

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