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(영문) 춘천지방법원 강릉지원 2018.07.05 2017노464
사기
Text

The defendant's appeal is dismissed.

The judgment below

The part of the compensation order shall be revoked.

. The applicant.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. In fact, while the defendant was trying to take over the victim according to the supply contract with the customer with the victim, the contract was destroyed by the victim's change, and there is a criminal intent to acquire the victim by deceit.

It is difficult to see it.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, one year of suspended sentence, one year of community service work, 120 hours) is too unreasonable.

2. Judgment on the grounds for appeal

A. 1) In full view of the facts and circumstances acknowledged by the lower court and the following circumstances acknowledged by the evidence duly admitted by the lower court, the Defendant, as stated in the facts charged, by deceiving the victim and obtaining delivery of KRW 35 million under the name of the delivery business partner, as stated in the facts charged, through deception.

It is sufficient to accept the recognition.

① The victim consistently from the investigative agency to the court of the court below. “At the time of entering into the contract with the defendant, the victim was to be paid to the customer as the defendant and the transaction partner at the time of entering into the contract. After paying KRW 35 million under the pretext of the delivery transaction partner, the defendant did not have any finitely finitely as the defendant and the transaction partner, and the defendant did not have any finitely finite finite finite finite finite finite finite finite finite finite finite finite finite finite find find find find,

written on April 7, 2014 (the 10th page of the evidence record) is drawn up.

“The statements are made”.

② The Defendant asserted that the above written statement was invalid by the investigative agency in a strong atmosphere.

The defendant, at the time of preparing a written statement, shall be male who has suffered a victim from the examination.

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