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(영문) 부산고등법원 (창원) 2018.12.05 2018노111
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal was that the victim of the stamped machine, who supplied to the victim, visited the defendant company while trying to newly carry on the ging business, to purchase the stamped machine of this case.

“Ac-building” is a device affixed on the back side of a mobile phone, and the stamped machine is a device that makes a hole onto the back side of a mobile phone by using a high-speed door (Evidence No. 184 pages). 1 blicking machine is a device that can carry a hole on one mobile phone at the same time after the opening of the cell phone board. 2 blicking machine is a device that can carry a hole on two mobile phone boards at the same time.

The flood has a record of flood, and the performance and state of which are considerably short of the agreed standard.

The defendant was well aware of this, but did not notify the victim.

If the victim was notified of this, he did not conclude the lease contract of this case.

The facts charged are fully recognized based on the evidence submitted by the prosecutor.

Nevertheless, the court below which acquitted the charged facts of this case erred by misapprehending the legal principles on mistake of facts and violation of the seller's duty of disclosure.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged was that around September 2013, the Defendant agreed with the victim to trade at least 26 stamped machinery using financial leasing and agreed to enter into a lease agreement with the Defendant for at least 26 stamped machinery from the victim as the goods supplier and the victim as the lessee.

From the end of September, 2013 to the end of November of the same year, the Defendant shall work well with all of the employees of the victim and the leasing company.

Only the phrase " there is a doping machine" that well operates in the Thailand, and the flood fact and the operational condition of the stamped machine is impossible.

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