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(영문) 의정부지방법원 2019.11.29 2018노3732
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts determined that he had at least 10 million won worth, and that he did not sell the instant intentional identity to the victim as he had the authority to consider.

In addition, in light of the fact that it is difficult to trust the results of the appraisal by the F organization on the instant map, it is difficult to recognize the credibility of the victim's statement, the victim also purchased the instant map as one of the merchants who sold curios, and the fact that the instant map has at least 10 million won even if it is reproduced, the Defendant deceiving the victim and did not sell the instant map and did not intend to commit the crime of defraudation.

B. The lower court’s sentence of unreasonable sentencing (fine 6 million won) is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below along with the circumstances properly explained by the court below as to the assertion of mistake of facts: ① The victim consistently stated from the investigative agency to the court below that “the victim purchased the Dog itself from the defendant to the effect that “the Dogggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggs

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