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(영문) 부산지방법원 2014.07.11 2014노1069
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of legal principles, since the defendant did not pay the price for medicine to the victim due to business difficulties, and the defendant did not intend to acquire the price for medicine.

B. The sentence of the judgment of the court below on unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant: (a) purchased a building located in the Seocho-gu Busan Metropolitan City from a financial institution around 201 to receive a loan of at least KRW 900 million from the financial institution; (b) there was considerable financial difficulties in paying interest on loans; (c) due to such failure, the Defendant was suspended from transactions around February 2012 due to the suspension of transactions on or around July 2012; and (d) at the time, the Defendant was again requested by the victim and resumed transactions; (c) at the time, the Defendant was unable to pay a drug price to the customer by raising bonds due to the shortage of funds; and (d) paid a drug price to the other customer with the sales price supplied from a certain customer, etc.; (e) the Defendant could not, however, be aware that the Defendant would make payment to the victim on a monthly basis without making payment for the first three-month basis; and (e) the Defendant could not be recognized as having been provided with the drug price from the victim from the victim on February 131, 21, 20.

B. We examine the argument on unfair sentencing, and the defendant.

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