(영문) 의정부지방법원 2013.09.25 2013노662

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Reasons

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크기(pt)

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자간(%)

(영문) 의정부지방법원 2013.09.25 2013노662

사기

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the misunderstanding of facts (as to the guilty part of the judgment of the court below) Nos. 2 through 16, 18 through 25, 28, and 29 of the annexed crime sight table, is erroneous in the misapprehension of facts, which affected

1) The part of the judgment of the court below that the defendant did not perform his duties in the name of the victim does not call for the defendant 2 to obtain waste permission in the name of the victim, and was borrowed only as a business fund to continue to maintain permission in the name of the LU branch of Seoul Metropolitan Government (recycling branch). Thus, the defendant's deception and the crime of fraud as stated in the facts charged are not recognized.

B) In light of the police officers of the victim 9 and 10 victims of the annexed crime list Nos. 9 and 10 of the annexed crime list and the statement of the court below in the court below, the victim is not guilty in light of the following facts: (a) the victim had already known that the vehicle cannot be shipped out under his name; and (b) the victim paid the purchase cost of the vehicle for the maintenance of and support for automotive scrap business; (c) the statement itself does not have credibility by itself; (b) Nos. 28 and 29 of the annexed crime list Nos. 28 and the victim agreed to the defendant's business plan for automotive scrap and agreed to support the business fund such as the lease of a factory;

2) The part of the judgment of the court below that the defendant did not realize the contents or properly notify the progress of the process as stated by the victim is nothing more than 3 to 6 of the crime list Nos. 3 to 6 of the annexed crime list that the defendant requested the victim to provide funding for business funds or borrowed business funds to the victim to receive money, and there is no deception of the victim.

B. The victims of [Attachment 14] Nos. 14 and 22 are expected to increase the quantity of the crushing project and have paid money to the defendant.

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