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(영문) 대전지방법원 2014.08.13 2014노1280
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (the factual error and inappropriate sentencing)

A. The judgment of the court below which convicted the victim of the facts charged is erroneous by misunderstanding the fact and thereby affecting the conclusion of the judgment, even though it was not provided with a sacrificing from the victim with the intent to acquire the sacrife, because the supply was not made properly after the contract with the victim of mistake

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim G and the complainant stated that the defendant would pay the price by delivering it to the factory if the defendant purchased a double wave (40 pages, 51 pages, and 51 of the litigation record), and the defendant also recognized it (2) since the defendant had delivered it before several years in the court of the court of the court of the court below, even though the defendant did not have entered into a delivery contract with the customer, he did not make a false statement to the victim and H in the idea of being supplied with a double wave, even though he did not enter into a delivery contract with the customer, and even if the defendant did not have entered into a delivery contract with the victim, the victim and the shipper did not have been aware of the fact that the defendant did not receive the delivery contract with the customer at the time of signing the contract with the victim and did not have been aware of the fact that the contact with H was concluded (46 pages, 47 pages and 47).

B. We examine the judgment on the assertion of unfair sentencing.

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