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(영문) 대구지방법원 2017.04.21 2017노457
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not instruct C to commit the instant crime, and instead, the Defendant transferred KRW 30 million to C after the victim met with C. As such, the Defendant participated in the instant crime.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The punishment of six months of imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. Judgment 1 on the assertion of mistake of facts) The court below held that ① the victim stated in the court of original instance that “the defendant sent his birth to him on the ceiling.”

In the investigation agency, “A person who comes to the Gu and U.S. station” was also C.

Of course, a person who had been contacted by telephone before now should go through a program, and send a dynamic.

I stated that they had been.

The statement "............. ② The C is under investigation by the prosecution, and "..............."

“The first day before the day of the instant case,” and “No later than the first day of the instant case, one investor has come to the Gu.”

There was a talk that women will make an investment.

Therefore, the defendant is in Daegu on the day of the case, and the telephone has been called the "mar medicine for women".

B. It is difficult to get off the permanent residence.

네 가 대신 내려오는 여자를 만 나 봐라. 내가 네 전화번호 그 여자한테 이야기해 놨다 ’라고 하였습니다.

"," and "I have taken part in the old U.S. P. in the Kaf Kaf."

In this car page, the defendant and the victim have exchanged each other.

At the time, I talk about when the return of profit and when the principal is in the situation, and the principal of a woman has been returned at any time.

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