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(영문) 대구고등법원 2018.11.01 2018노209
장물취득등
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds of appeal are examined to the extent of supplement in case of supplemental appellate briefs not timely filed;

A. On June 19, 2018, the reason for appeal submitted by the misunderstanding of facts and legal principles was stated to the effect that there was no criminal intent to commit fraud against the victim AC in the case of "2016 Gohap 13" as stated in the judgment of the court below. However, on the first trial date of the court of first instance, the court below asserted that "2015 Gohap 51" was obtained on the ground of appeal, and that "2015 Gohap 77 Gohap" was guilty of facts and misapprehension of legal principles as to the fraud against the victim R.

With respect to the acquisition of water in Chapter 2015, 51, as stated in the judgment of the court below, the Defendant kept for G for the F Co., Ltd. (hereinafter “F”).

Since the F-owned steel plate was purchased from L with no knowledge of its arbitrary sale to L, there was no intention to acquire stolen goods against the Defendant.

With respect to the fraud of the victim R, 2015, 77, the judgment of the court below, C Co., Ltd. (hereinafter “T”) delegated the right to sell lecture files to BB (hereinafter “B”) and BB again delegated this right to the Defendant. The Defendant entered into a sales contract on the victim R and lecture files by recognizing that T has the ownership of the lecture files of this case and the Defendant has the right to sell them.

Therefore, at the time of concluding a sales contract with the victim R, there was no intention to acquire the security money by fraud.

Nevertheless, the court below convicted each of the above crimes. The court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

B. The three-year imprisonment sentenced by the lower court to the Defendant is too unreasonable.

2. Determination

A. misunderstanding of facts and misapprehension of legal principles.

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