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(영문) 창원지방법원 2016.12.08 2016노703
사기
Text

The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. The summary of the facts charged is that the Defendant is a person who has been employed as a used vehicle with D motor vehicles located in Suwon-gu D in Suwon-gu, Suwon-si.

On November 19, 2014, the Defendant against the victim E expressed that “A victim E, the representative of the above D office, purchased the 2005 TXG car, which is a non-accidentd vehicle, in 2005, KRW 4 million.”

However, even if the defendant received money, he did not have the intention or ability to purchase the vehicle.

Nevertheless, the Defendant acquired 4 million won from the above victim to the bank account in the name of the Defendant.

B. On December 26, 2014, at around 17:10 on December 26, 2014, the Defendant against the victim G said that “The Defendant would purchase one motor vehicle in the year 2004 New R&D car at KRW 200,000,000 to the victim G with the same workplace and used cars.”

However, even if the defendant received money, he did not have the intention or ability to purchase the vehicle.

Nevertheless, the Defendant received KRW 2 million from the above victim to the bank account in the name of the Defendant.

2. Summary of grounds for appeal;

A. In light of the fact-finding facts, the Defendant received 4 million won from the victim E (hereinafter “E”) for personal purposes, such as living expenses, and received 2 million won from the victim G (hereinafter “G”), and thus, the Defendant did not receive money as a vehicle purchase price by deceiving the victims as stated in the facts charged.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

3. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, each of the victims.

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