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(영문) 수원지방법원 2015.04.29 2014노5161
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant E Co., Ltd., a victim of misunderstanding of facts (hereinafter “E”) supplied iron plates to D (hereinafter “D”). Since the said D did not pay iron plates, G, the actual representative of D, deceiving the victim and defraud it, and the Defendant did not deceiving the victim.

(2) The lower court’s sentence of unreasonable sentencing (four months of imprisonment) is too unreasonable.

B. The prosecutor’s sentence of the lower court (four months of imprisonment) is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the defendant's assertion of mistake of facts, the defendant could sufficiently recognize the fact that the defendant, even though he was unable to pay the price even if he was paid the iron plates from the victim as stated in the judgment of the court below, by deceiving the victim and being supplied with the iron plates equivalent to KRW 21,152,637, and acquired them by deceit. Thus, this part of the defendant'

B. We examine both the defendant and prosecutor's assertion of unfair sentencing regarding the defendant and prosecutor's assertion of unfair sentencing.

The crime of this case is an unfavorable factor for sentencing, such as the fact that the defendant deceivings the victim and defrauds the iron plates exceeding KRW 21 million and the nature of the crime is inferior, that the defendant does not take any measures to recover the damage of the victim, that the defendant recognizes his own crime and is consistent with the attitude to avoid liability without counter-influence.

However, in full view of the equity in the case of judgment concurrently with the offense of violating the Illegal Check Control Act which became final and conclusive, as well as the various circumstances on the sentencing conditions indicated in the records, such as the defendant’s age, character and conduct, environment, the details and details of the offense, and the circumstances after the offense, the sentence of the court below is deemed appropriate, and it is not recognized that it is too heavy or too

Therefore, the defendant and the prosecutor's above assertion.

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