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(영문) 대구지방법원 2018.01.25 2017노2377
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant operated the LG Plus Agency, and at the time, the Defendant intended to receive cash to provide the victims with a low cell phone and open installments with 0 won. However, the sales store registered as the lower part of the Defendant was fraudulent and the agency operated by the Defendant was unable to adjust the installments of the victims in electronic form on the wind that the contract with the LG Plus is terminated.

Therefore, the defendant did not deceiving the victims.

2. The following circumstances acknowledged by the court below based on the evidence duly examined and adopted by the court below, namely, that the defendant would open the victim B with the victim B at KRW 283,00,000, on face of 0.

However, the defendant did not receive 250,000 won of the incentives from the radio operator after opening, but did not receive the computerized data processing of the mobile phone price, and the defendant would open the cell phone 60,000 won if the victim E pays 990,000 won of the cell phone 60,000 won.

In full view of the fact that 4.40,00 won and 100,000 won have been paid from a radio operator after opening, the court below's determination that the crime of fraud is established is just and acceptable, and there is no error of law as alleged by the defendant, in light of the fact that the above money was remitted to the victim E or did not receive electronic data from the mobile phone price, and that there is no evidence supporting the defendant's assertion that the defendant is too excessive to the victim.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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