logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.09.11 2015노375
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intention to commit a crime by deceiving the victim of the mistake of facts.

B. The lower court’s sentencing (one year of imprisonment with labor for six months and one year of suspended execution) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances that can be recognized by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant obtained the goods by receiving the goods from the victim even if he/she received the goods from the victim without the intent or ability to pay the price.

1) From September 13, 2013 to October 25, 2013, the Defendant planned and held a DNA festival in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun. On September 16, 2013, the Defendant said that if the Defendant supplied the meat and straws to the victims of a festival, it would sell it on the spot and pay the price in installments on September 25, 2013 and September 30, 2013.2) The victim supplied the Defendant a total of four times from September 16, 2013 to September 23, 2013.

3) Although the Defendant had predicted the enemy before the festival was held, the period of rent for the festival site was two to three years, and the festival site was held in order to secure performance for one-year period necessary to receive support for the festival from local governments or countries. 4) In fact, 98 copies, which the Defendant started a festival on September 13, 2013, were not leased only 48 out of the 98 parts, and the head of another local event, which was anticipated to have many places, did not receive the incidental rent for one week after the end of the festival, and the Defendant was increased by the enemy while directly operating the part by employing the part, which was eventually 140 million won.

A person who fails to pay agricultural products from the defendant even after he/she has supplied agricultural products to a festival.

arrow