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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2016.10.13 2016노536
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Judgment on the defendant's assertion of mistake of facts

A. Of the facts stated in the judgment of the court below, the defendant's assertion 1 concerning the fraud against the victim D and E is not a business of "the manufacture and sale of carmer scirter", but a "carmer scir brand" business for which the defendant printed his brand on the carmer cher own which was imported at low prices in China, etc., and then then packaged and sold it. At the time, the defendant did not conceal the situation that the defendant did not have any specific preparation or plan for the above business, and the above victim did not know the above situation and made a follow-up investment. Accordingly, it cannot be deemed that the defendant had no criminal intent to obtain fraud or there was a deception against the victim D and E. 2) The court below rejected the defendant's assertion in the judgment of the court below on the following grounds: the defendant alleged in this part of the grounds for appeal, which is identical to this part of this part, and the judgment of the court below is rejected.

In light of the reasoning of the court below and the court below's decision that the defendant could sufficiently recognize the above victims as belonging to the above victims as stated in the facts of the court below's decision, and there is no error in the misapprehension of the legal principles as pointed out by the defendant. The court below did not err in the misapprehension of the legal principles as otherwise alleged in the ground of appeal.

Therefore, the defendant's assertion of mistake is rejected.

As alleged by the defendant, the defendant's business invested by the victim D or E is not a business of "carmeras manufacture and sale", but has been imported at low prices in China.

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