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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2014.06.27 2014노1283
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant did not make a false statement to the victim F, and the victim, G, and H’s respective statements are in accordance with their respective interests or are inconsistent with each other, thus falling short of credibility, the judgment of the first instance which found the Defendant guilty of the instant facts charged, is erroneous in matters of mistake of facts.

B. In light of the fact that the Defendant suffered a large amount of damage to the instant case, the first instance court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. Determination

A. In addition to the evidence duly admitted and examined by the first instance court as to the assertion of mistake of facts, the following circumstances acknowledged by the evidence, namely, the defendant, prior to passing through a Korean customs office, made a statement to the effect that the defendant was seeking to pay the original cost and the processing cost to the victim F and the H, and that the victim understood it. However, this is inconsistent with the statement of the victim and H, and it is inconsistent with the consistent statement of the G at the time of the payment of the price for the goods, and the defendant confirmed the state of the sample before shipping the original body of this case. Although the victim confirmed that there was a shortage of weight in the sample from the sample products provided by H, the defendant continued to process the goods through an employee, and the defendant did not receive the original cost and the processing cost, other than receiving the price from the customer to deliver the goods, and the defendant did not have any specific means to provide the funds, the defendant's assertion that the above defendant did not have any possibility of paying the original cost, as stated in the reasoning.

B. Unreasonable sentencing.

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