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(영문) 광주지방법원 2019.05.02 2019노587
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The second and third letters of credit issued by misunderstanding of facts D did not produce machinery due to lack of funds, and the Defendant was a doctor or an ability for the Defendant to manufacture and export the machinery with the amount of export payment received by the Defendant on the basis of the amount of the import payment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport in the judgment on the assertion of mistake of facts. The lower court, on the grounds that ① the Defendant had no experience in manufacturing food waste treatment machinery (20 tons, hereinafter “instant machinery”) equivalent to USD 1,450,000, and that there was no financial burden, ② according to the additional agreement, the Defendant was required to make a local assembly with parts sufficient to complete the manufacturing of machinery only with the first receipt amount, KRW 464,208,78 (450,00 in credit amount) (450,000 in total) and actually D was urged the Defendant to dispatch local production and manufacturing team on several occasions after issuing the credit, but the Defendant did not have any domestic assembly on the ground that there was no evidence that the Defendant had been using food waste treatment equipment in the instant case for the purpose of manufacturing the instant machinery, ④ it was doubtful that the Defendant did not have any food waste treatment tank in the instant case.

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