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(영문) 서울동부지방법원 2017.10.12 2017노921
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding of facts, was willing and capable of opening a letter of credit to G,O, and V, and thus did not deceiving him.

B. The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the Defendant would issue each credit to G,O, and V, which seeks to import goods from a foreign country.

It is clear that G was not 61,832,800 won in total from March 18, 2015 to June 16, 2015, and 61,832,800 won in total, from October 27, 2014 to January 20, 2015, and 61,00,000 won in total, and V from August 17, 2015, it can be recognized that the credit was not opened and notified of the fact that the credit was not opened after receiving KRW 15,00,00 from August 17, 2015. In full view of the following circumstances that can be recognized by the evidence above, the Defendant was unable to open the credit to the bank, namely, the Defendant was unable to transfer the most debts, automobiles, living expenses, etc. of the money received from G, and the Defendant was aware of the fact that the credit was issued to e-mail that it was not sent to e-mail after the issuance of the credit.

I would like to say.

B. Although the defendant was the time of obstructing the business during the instant crime, he/she shall obtain the consent from the victims of the crime.

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