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(영문) 부산지방법원 2018.08.17 2017노4084
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the facts charged in this case, although the defendant deceivings the victim and deceivings the victim of 7,150,000 won at the market price of 250,000 won, but the court below acquitted the victim of the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion

2. Determination

A. Before determining the grounds for appeal by the prosecutor of the amendment to the indictment, the Defendant’s name of the crime was examined ex officio prior to the judgment on the grounds for appeal by the prosecutor of the amendment to the indictment, and the applicable legal provision is “Embezzlement” as “Article 347(1) of the Criminal Act,” and “Article 355(1) of the Criminal Act” as “Article 355(1) of the Criminal Act,” and “The Defendant would sell and pay the amount of capital reduction within one week if the Defendant sent the capital reduction to the victim C on November 2014.

Forwarding of capital reduction to a nearby warehouse in the area of the U.S., the area of the U.S., the area of the U.S.

G. The phrase “assumed” was false to the effect that it was “.”

However, the defendant did not have the intention or ability to pay the price to the victim even if the defendant sold the price with the capital from the damaged person.

As such, the Defendant deceiving the victim and let the victim deliver the 250,000 won seeds of capital reduction worth the market value of KRW 7.150,00 to the place designated by the Defendant, and acquired them by fraud.” “The Defendant would sell the 30,000 capital reduction to the victim C if he sent the 30,000 capital reduction to the victim at the end of Busan on December 26, 2014.”

Forwarding of capital reduction to a nearby warehouse in the area of the U.S., the area of the U.S., the area of the U.S.

In other words, the victim received 250,000 won (7.150,000 won) seeds from the victim to keep them in custody for the victim.

around that time, the Defendant was in a usual trading relationship.

D) As if the seeds were supplied to D and completed, 2.5 million won of the potas if they were owned by the Defendant.

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