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(영문) 부산지방법원 2013.11.28 2013노2578
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not purchase a “CRETSAUDIO ample” from the victim, and the lower court recognized the Defendant’s fraud without sufficient evidence to support the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The lower court acknowledged the Defendant’s fraud as evidence, such as the legal statement of the witness D of the lower court, part of the testimony of the witness F of the lower court, books attached to the second police interrogation protocol of the Defendant, investigation report (as to the submission of the documents of the accusation), the documents attached thereto, investigation report (in addition to the documents of the accusation), and the descriptions and images of the attached documents.

On May 19, 201, the victim stated that "the defendant received 500,000 won prior to May 19, 201, from the investigative agency to the court below's decision, and sold the remaining amount on credit." According to the copy of passbook attached to the investigation report (in relation to submission of a document of accusation), it is confirmed that the victim deposited 50,000 won in the victim's account on May 19, 201, the victim asserted that he received advance payment. The victim's written statement on the amp of this case submitted by the victim is stated that 110,000 won is offered free of charge. According to the transaction list attached to the investigation report (written attachment attached to the amp of accusation), the victim did not appear in the amp of this case as a witness to purchase the above amp of 11,100,000 won which can be kept in the amp of I company, but the court below stated that the defendant purchased the above amp of 215,0110.

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