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(영문) 창원지방법원 2012.12.27 2012노1615
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant was delivered KRW 30,000 to the victim E with the advance for the purchase of scrap metal from the victim E, but it was impossible to supply scrap metal to the victim. However, since the contract with Sung Il-Jak was terminated, it was impossible to supply scrap metal, and even though the defendant did not have a criminal intent to acquire by deceit, the judgment of the court below which found the defendant guilty of the facts charged in this case and affected the conclusion of the judgment by misunderstanding the facts.

2. In light of the evidence duly adopted and examined by the court below, the court below's judgment that found the defendant guilty of the facts charged of this case is just and there is no ground for the defendant's assertion of mistake of facts, since the court below found the defendant guilty of the facts charged of this case, since it is sufficiently recognized that the victim did not have any intent or ability to supply scrap metal of 15 tons per month, as stated in the facts charged.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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