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(영문) 수원지방법원 2012.12.27 2012노3499
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant did not pay the victims the remainder of equipment and the remainder of the repair cost (hereinafter “the instant money”) on the wind bound by mistake of facts or misapprehension of legal principles, the Defendant did not receive equipment delivery or repair from the victims without intent or ability to pay the instant money.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by the court below to have been duly adopted and investigated by the court below as to the assertion of mistake of facts or misapprehension of legal principles, i.e., the defendant led all of the crimes of this case in the court of the court below, i.e., ① there is no reason to believe that the credibility of the confession is doubtful; ② the victim C supplied all equipment to G Co., Ltd. (hereinafter referred to as “G”) designated by the defendant (hereinafter referred to as “G”) around June 21, 201 (Evidence No. 7, 49, 50 of the evidence record No. 2012 high-level 1183), and the victim E repaired equipment around June 7, 201 (Evidence No. 5, 6 of the evidence record No. 2012 high-level 184). The defendant was not paid the amount of supply, including the equipment purchased from G, from May 30, 2011 to June 15, 2011.

(3) In light of all the circumstances, including the fact that the defendant intentionally avoided the contact of the victims from around June 21, 201, due to the fact that the defendant had already been detained from around June 21, 2011 (the above evidence records No. 7, 49 pages), etc., the defendant received equipment from the victims or received machine repair without any intention or ability to pay the instant money to the victims.

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