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(영문) 대전지방법원 2015.06.18 2015노695
사기
Text

All the defendant and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts, and the Defendant’s boiler stated in the instant facts charged (hereinafter “instant boiler”).

(2) If the Defendant received and used the container proceeds from J, and instead performed the obligation of the victim, the Defendant did not deceive the victim as stated in the facts charged. The Defendant did not intend to obtain and use the container proceeds from J, but did not intend to obtain by deception for the amount of KRW 2.64 million. (2) The sentence of unfair sentencing by the lower court (one year and two months of imprisonment) is too unreasonable.

B. The court below’s sentence (e.g., e., e., g., e., e.,

2. Judgment on the defendant's assertion of mistake of facts

A. For the following reasons, the lower court determined that: (a) the Defendant received the money listed in [Attachment 1, 2, and 4] Nos. 1, 2, and 4 of the List of Crimes as indicated in the judgment of the lower court from the victim without the intention of the Defendant to provide the J or the former and current head of the Ansan-Eup, and (b) by deceiving the victim as if he would be able to supply the boiler of this case, and by deceiving the victim as if he would be able to supply the boiler of this case, and by

1) According to the statements of the victim and I, although the defendant, victim, and I agreed to supply the boiler of this case to G for the same business, the defendant, and I decided to pay the road expenses to the head of the previous and present Ansan Eup/Myeon, who is the person in charge of G, and the J, for the first time around 2012, when the delivery did not take place, he decided to pay the road expenses. The victim sent all the amount of KRW 60 million on August 23, 2012 and KRW 30 million on August 3, 2012 to the defendant, as alleged by the defendant. 2) The defendant sent the boiler of this case from the victim in cash, as alleged by the defendant.

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