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(영문) 서울동부지방법원 2019.01.18 2018노1109
사기
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Grounds for appeal (the factual error and the inappropriate sentencing)

A. misunderstanding of facts 1) The Defendant merely accepted the golf wing wing wing wing wing that D had been kept in stock upon the request of D (Article 1). 2) Upon the request of D, the Defendant received cosmetics upon the request of D, and the Defendant did not deceive D merely because it was almost the expiration of the distribution period.

(2) The Defendant, at the time of borrowing KRW 4 million from D, was incapable of performing the obligation, and there was no intention to obtain money in the future. The remaining KRW 350,000,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000

(Fact 4.5) The Defendant consented to the transaction in accordance with D’s proposal, and only failed to receive golf loans due to a sudden change from the Japanese RR enterprise’s side (Article 5). (b) The lower court’s sentence of unfair sentencing (Article 1.4.5) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant, who is engaged in manufacturing, importing, or selling golf products in the Hong Kong Limited Company B in the facts charged, has maintained the business by borrowing money from customers or selling goods on credit in a bad credit position, and the name of “C” is between D that imports and sells golf products and around 20 years after the late 190s.

1. On February 25, 2015, the Defendant called that “If he contacts D’s office located in Light-si with D and send D a F golf wing 10 million won to D, he would sell it for KRW 10,000 won per opening.”

However, even if the defendant sells H, he will pay the price to the victim.

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