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(영문) 수원지방법원 2014.01.23 2013노5765
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant developed a mobile phone charging device, but it has taken a long time more than expected time to obtain safety certification, and the annual interest was not paid to the victim due to the failure of the customer.

Nevertheless, the court below erred by misapprehending the fact that the defendant had no intention or ability to pay the price of goods from the beginning.

B. The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.

2. Determination:

A. The judgment of the court below on the assertion of mistake of facts is recognized as follows based on the evidence duly adopted and investigated by the court below. In other words, the defendant did not pay the price for the charging machine after manufacturing and supplying the charging machine supplied by the victim H, but used it as operating expenses. The defendant ordered the victim corporation G (hereinafter “victim G”) to use a printed name (Evidence No. 61 page) as if the factory in China, which is not related to him, was a Chinese factory in the victim corporation G (hereinafter “victim G”) and used a printed name (Evidence No. 61 page) as if he operated the company, and the defendant supplied 10 tons of PCB plate from the victim G for the purpose of paying the cell phone charging machines for the cell phone, and distributed most of them in Korea without using it (the defendant's statement is deemed to have been used up to 90km only when he was given the defendant's statement). In light of the defendant's intent to use the disposal price or personal goods for the operation of the company or the purpose of using it (the defendant's statement no less than 6).

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