사기등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) mistake of facts as to a part of the guilty portion, misunderstanding of legal principles, the Defendant did not defraud 75 million won from I as rebates, but the Defendant was paid rewards, such as expenses for delegated affairs, compensation for failure to perform any other work, under an agreement with V, which is the actual owner of the building, by I’s addition, I did not embezzled KRW 50 million as a license loan fee, and this was borrowed from V, which is the actual owner of the building. Finally, Defendant 1 did not defraud 50 million won from C, which is the actual owner of the building. This was not received from C to receive compensation for expenses, remuneration, etc. which C voluntarily paid by cancelling the contract while the construction of the kimchi factory was already being contracted by C. 2) The imprisonment (two years and six months) of the lower court is too unreasonable.
B. Prosecutor 1) In full view of the fact that: (a) a victim E Co., Ltd., or a person who entered into a contract for materials or services with F is the Defendant; (b) the Defendant was arbitrarily used the amount equivalent to the facility fund to be used as the construction fund from the beginning; (c) the Defendant did not request the owner of the building to pay the said construction cost; and (d) the Defendant did not have the intent or ability to pay the said construction cost; and (b) the Defendant requested the victim limited liability company, E Co., Ltd., or F to provide materials and services on credit without the intent or ability to pay the said construction cost and received the said provision on credit, and is recognized as a criminal intent of deception
2. Determination
A. The lower court’s witness V, I, and W’s respective legal statements can be acknowledged in light of the following: (a) the Defendant’s mistake of facts and misapprehension of the legal doctrine first of all, by deceiving KRW 75 million from I as a rebates; and (b) embezzlement of KRW 50 million as a license loan fee.
On the other hand, the above amount is agreed with V.