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(영문) 대구지방법원 2018.11.02 2018노2265
사기
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is merely useful in the budget between under-paid and excessive items within the scope of the entire budget, and there is an intention to acquire unlawful profits.

subsection (b) of this section.

Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, even though fraud cannot be established.

2. Judgment on the grounds for appeal

A. In the event of the exercise of a right by means of deception of relevant legal principles, if the act belonging to the exercise of the right and the deception belonging to the means thereof are comprehensively observed, and such deception is not acceptable as a means of exercise of the right under social norms, the act of exercise of the right constitutes fraud (see, e.g., Supreme Court Decisions 96Do1405, Oct. 14, 1997; 2002Do2620, Jul. 26, 2002). 1) I, K, W, and Z, each statement of the AA management ledger, and following the entry of the AA management ledger, the fact that the negligent and electronic measuring instruments are equipment necessary for the instant competition, and the fact that the Defendant was omitted from the budget of the instant competition, and the fact that the Defendant was used in the instant racing and electronic measuring instruments and electronic measuring instruments.

2) However, in the lower court’s trial, I, who was in charge of operating expenses for the Games under the victim F, did not add the budget to the Defendant for a negligent and electronic measuring instrument, and did not have the budget diversion.

The lack of expenses was thought to be certain to some extent from the mountain flusium.

The defendant made a statement " even if he/she has privately disbursed expenses related to alone and electronic measuring instruments, it shall be claimed to the victim through a separate procedure, and even in such case, there is a possibility that he/she may not be compensated by the victim.

I seem to appear.

Therefore, in order for the defendant to receive the cost of the lux and electronic measuring instruments, I makes an excess payment at the store and restaurant for sports supplies.

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