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(영문) 서울서부지방법원 2014.10.02 2014노805
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding or misunderstanding of legal principles 1) The conclusion of a general sales contract with the victim E is true, or it is not deceiving the Defendant to conclude a contract based on E’s own business feasibility, or the Defendant did not deceiving the other victims. Although the other victims were willing to supply the actual goods according to the goods supply contract, the victims did not want to supply the goods, but did not have any intent or ability to supply the goods from the beginning. 2) In the case of the victim I, the victim I was merely unable to perform the obligation to pay the payment under a normal goods supply contract, and does not have any intent or ability to pay the payment.

In the case of the Victim K, the defendant is not deceiving the defendant to make an investment on his own judgment.

B. The lower court’s sentence of unfair sentencing [4 months of imprisonment (Articles 1 and 2-A of the original judgment].

crime and one year of imprisonment (Article 2-b of the Judgment of the original court).

(crime) it is too unreasonable that it is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged [criminal record] The Defendant was sentenced to a suspended sentence of two years on May 26, 201 to eight months of imprisonment for fraud at the Incheon District Court on May 18, 201, and the said judgment became final and conclusive on May 26, 201.

1. The Defendant, around October 2009, displayed a certificate, etc. of supply of “F” products to victims E at the office of the D Co., Ltd. (D) Co., Ltd. (hereinafter “D”) located in Bupyeong-gu Seoul Special Metropolitan City, Busan Special Metropolitan City (hereinafter “D”), along with socially well-known persons, and “F” in manufacturing and supplying “F” products. The Defendant has efficacy for recovery, physical strength increase, high blood pressure, high blood pressure, blood circulation, and skin disease. To enter into a sales agency contract in the Seocho-gu Seoul Special Metropolitan City, the Defendant provided goods with KRW 3.2 million if it is necessary to pay money for the purchase of goods, and 5% of the local sales within the jurisdiction of the Seoul Special Metropolitan City would be paid as allowances.

(b).

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