(영문) 대전지방법원 2018.05.23 2017노3220 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전지방법원 2018.05.23 2017노3220

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) was in custody of the Defendant, who was in the possession of the Defendant’s possession of the Defendant for a 26-thring and a single string of the instant machines; (b) the Defendant agreed to purchase each of the said machines with the Defendant for a KRW 10 million; (c) the Defendant did not pay the said machines to the Defendant; and (d) the Defendant did not lease each of the said machines to the Defendant at a intervals of making profits available to

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Determination:

A. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the credibility of the victim’s statement can be fully acknowledged, and the evidence submitted by the prosecutor, such as the victim’s statement, can be acknowledged that the Defendant deceivings the victim as stated in the lower judgment, thereby deceiving the victim, thereby taking the 26th strawing for an automobile model.

Therefore, the defendant's assertion of mistake is rejected.

1. From the police to this court, the victim transferred each of the above machinery to the Defendant’s factory office as the victim was in bankruptcy while keeping the scam and scambling machinery and scam to H.

Defendant’s lending of each of the above machinery will take part of the profits accrued from the automobile model business.

There was no payment of profits until now, and each of the above machinery was disposed of at will.

“The circumstances of the instant case have been consistently stated.”

(2) On March 9, 2016, the injured party “Is up to the end” on March 9, 2016.

The Defendant sent a text message “,” and on the following day, the Defendant sent the “the President’s Dok Dok.”

well-being도요

The answer was presented as "The liquor tax needs to be waited for early 193."

After all, the victims shall continue to be the accused.

유사 판례

-대전지방법원 천안지원 2017.10.12 2016고단2721

-부산고등법원 (창원) 2018.12.05 2018노111

-서울중앙지방법원 2016.04.08 2016노482

-인천지방법원 2013.08.28 2013고단3578

-수원지방법원 2016.01.13 2015노5950