사기
The judgment below
Of the defendants, the part of the defendant is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (in fact-finding, unreasonable sentencing) C is an investment in the Cheongdo apartment project executed and executed by L.
The amount of punishment (two years and six months of imprisonment) determined is unreasonable.
2. Determination
A. It is consistently stated that the part of KRW 50 million on July 8, 2013 (attached Form 1 No. 50 million) was transferred to KRW 50 million on the ground that “I would make a commercial building bond if I want to do so on the land E, I want to do so if I want to do so,” after the victim filed a complaint against the Defendant.
D also introduced victims to the Defendants, paid KRW 30 million for investment in E commercial buildings, and when the victim met the Defendants on July 7, 2013, it is supported by the victim's statement that he/she had been unaware of the fact that he/she did not know about L's implementation of a new apartment construction project or its business on the ground of land located in Cheongdo-gun, Chungcheongnam-do.
Defendant
Of KRW 50 million remitted to the account, KRW 49 million was remitted to the W account, but there is no ground that it was used as the down payment for the land of Cheongdo-gun.
The defendant pointed out that when the victim files a complaint against L, the victim alleged that it was an investment in the land development project of Cheongdo-gun, Cheongdo-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do
The victim is recognized to have remitted 50 million won to the defendant's account under the name of the victim for land investment funds.
A was aware that the land development project of E was not properly conducted and that even if the victim received KRW 50 million from the victim, it cannot be a situation to transfer one commercial loan.
On July 7, 2013, the Defendant met with A, and received 50 million won from the Defendant’s account to the Defendant’s account, and transferred 49 million won to WW account according to A’s instruction.
A could be fully aware that the victim could not transfer one commercial loan to the victim by carrying out the E land development project properly.
The defendant A.