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(영문) 서울동부지방법원 2018.05.18 2018노8
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. In fact, the Defendant was merely purchasing the instant vehicle with the intent to believe the horses of E to pay the installment of the vehicle, and to provide it to the siren business with E, and there was no conspiracy with E or deceiving the victim, and there was a capability to pay the vehicle at the time of the purchase of the vehicle.

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

2. Determination

A. The Defendant’s assertion of mistake as to the factual mistake is in itself, and the Defendant’s intent to pay the vehicle installments directly to the victim who sold the instant vehicle is recognized. ② The Defendant’s purchase of the instant vehicle without notifying the fact that the Defendant had no intention to pay the vehicle installments directly constitutes deception in fraud. ③ As long as the Defendant had purchased the instant vehicle after consultation with E with E by providing the vehicle installments to the siren business without the intention to pay the vehicle installments directly, it is also acknowledged.

Therefore, the defendant's assertion of facts is without merit.

B. According to the argument and record of the instant case’s judgment on the unfair argument of sentencing, the lower court appears to have been reasonably determined by fully considering the various grounds for sentencing alleged by the Defendant, and there are no special circumstances to ex post facto change the sentencing. Therefore, the Defendant’s argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit, and the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act (Provided, That pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the defendant's appeal is based on an installment contract with the belief that "the defendant is the representative when establishing a corporation due to any circumstances at the time," as to the circumstances leading to the conclusion of the automobile installment contract.

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