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(영문) 춘천지방법원 강릉지원 2018.04.26 2018노49
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (as to Article 1-A and Paragraph (b) of the facts stated in the judgment of the court below), the defendant did not deceiving the victims since he sold a computer in a state usable to the victims, and it cannot be said that the defendant's act of selling the defendant's sales constitutes deception on the ground that there is no exaggeration or falsity in propaganda or advertising.

B. The lower court’s punishment (eight months of imprisonment) is too unreasonable as it is too unreasonable to render the sentence unfair (with respect to the whole judgment of the lower court).

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted by the lower court as to the assertion of misunderstanding of facts, namely, ① the victims did not properly contact the Defendant even though the computer purchased from the Defendant at the investigative agency, and the Defendant did not have a normal operation due to the breakdown of the computer purchased from the Defendant, and even if the Defendant contacted several times to demand repair or refund, the Defendant did not properly contact, and eventually the contact was cut down.

If the defendant sells a computer in a state of normal use to the victims, the failure is found to occur.

Even if the measures to repair, exchange, or refund are withdrawn, the defendant did not take such measures, and the defendant avoided contact with the victims and escaped for a long time, and the victim F installed a heavy computer at the investigative agency, while the defendant was not more than 2-3 years, and the victim F installed it at the investigative agency, and the following day, it was found that the number of parts installed on the computer was almost old.

The victim stated the statement, 4. The victim D also purchased a computer from the investigative agency, 3.0 days after the purchase of the computer from the defendant, and the defendant's contact with the defendant is cut and the repair cost is separately discovered, so it is better to dispose of it more than the purchase price.

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