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(영문) 대전지방법원 2016.02.04 2015노3539
사기
Text

All appeals filed by the defendant and the prosecutor are dismissed.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

1. The part of the defendant case

A. The gist of the grounds of appeal 1) Defendant 1 is that the Defendant, by mistake, did not defraud the eggs from the victim E and N, as shown in the attached list of crimes Nos. 1, 2, and 16 of the judgment of the court below, and that this was sold by G and I without the Defendant’s permission.

B) The unfair sentencing of the lower court (one year and two months of imprisonment) is too unreasonable.

2) The lower court’s sentence (unfair sentencing) is too unhued and unreasonable.

B. The lower court acknowledged the Defendant’s assertion of mistake of facts based on the evidence duly adopted and investigated by the lower court, namely, ① the Defendant was introduced with theO to engage in food materials distribution business upon the transfer of the name “C” registered in the name of H via one-person O in around 2012, and the Defendant was engaged in the agricultural products wholesale business from the warehouse in Kimpo-si, Kimpo-si. The Defendant used the name “C representative director H” as stated in the above warehouse while staying in the above warehouse, I and G used the name “C representative director H,” and the Defendant sent the name “C management director” in the above warehouse. ② The Defendant ordered food materials to the customer with the copy of the C’s business registration certificate, and in that process, the Defendant was aware of not only the other party to the transaction, J, and G only the Defendant’s representative H, ③ the Defendant was unable to pay some of the profits generated from the victim’s contact with the victim, and the Defendant could not pay some of the profits generated from the EO during the process of distribution.

G consistently deals with the defendant's request from the investigative agency to the court of the original trial.

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