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(영문) 대전지방법원 2014.12.17 2014노1692
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was not the victim’s wife and Chok as a job executor, but the Defendant received 1 year medical tourism visa and received 5 million won from the victim. Thus, the lower court found the Defendant guilty of the facts charged of this case without deceiving the victim. In so determining, the lower court erred by misapprehending the legal doctrine.

B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the evidence duly adopted and examined at the court below and the court below's decision on the assertion of mistake of facts are consistently stated in the police and the court below's decision that "the defendant paid money to the defendant by changing the victim's wife and knick to employment cost after having the victim enter a tourist destination," and the defendant received approximately eight million won from the victim on July 15, 2012 and made a contract with the victim's knackJ allowing the victim to receive a secret who can live for five years and had the victim take the responsibility for the extension of the period. In light of the fact that the victim's wife and knick paid 5 million won to the defendant in order to stay in Korea only one year, and the defendant also introduced the victim's wife and knick to the defendant's entry of the defendant's knick to the defendant's employment secret in addition to the defendant's allegation that "the defendant tried to receive the defendant's employment secret by changing the defendant's knick to the defendant's employment witness."

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