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(영문) 대구지방법원 2018.02.02 2017노2982
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the facts charged in this case, the court below found the defendant guilty of this part of the facts charged even though the defendant did not have the intent to acquire it with respect to the fraud crime against the victim AL, AM, N, AO, AP, Q, AR, AS, ATS, AU, AV, and B.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of misunderstanding of facts was made at the court below, but the defendant denies the fraud of the victim AL, AM, N, AO, AP, AP, Q, AR, AS, ATS, ATS, ATS, AU, AV, and BA among the facts charged in the instant case, and thus acknowledged as a whole by considering the evidence duly adopted and examined at the court below, i.e., ① the defendant sent to the above victims products other than those ordered to the above victims (such as enjoying, books, etc.), or sent voluntarily or falsely or falsely a false product photograph, transport invoice number, etc.

Along with the fact that his father was unable to send the goods on the ground that he was drank back, the following facts were discussed: ② The method of committing the crime is not significantly different from the method used in other crimes that the defendant led to his confession; ③ the defendant had actual goods at the time, and the defendant did not immediately refund the goods due to other circumstances.

However, it is difficult to believe that the articles that the defendant intended to sell are the same as those that the defendant tried to sell in other fraudulent crimes that he committed for the same period, such as mobile phones and so on, and that the victims should immediately report to the police.

In light of the fact that the defendant seems to have returned the money, the defendant can fully recognize the fact that the above victims have obtained money by deceiving them as stated in the judgment of the court below.

The assertion of facts is without merit.

B. Determination on the unfair argument of sentencing is made.

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