특정경제범죄가중처벌등에관한법률위반(사기)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., indubio) is erroneous in the misunderstanding of facts as to the sentencing conditions in the judgment of the court below, that the defendant paid the victim the amount of KRW 1 billion from the damage of the crime of 1.m. as stated in
Therefore, the sentencing of the court below is too unreasonable.
2. Determination
A. First, we examine the argument that there is a mistake of facts about the sentencing conditions of the defendant.
According to the evidence duly adopted and examined by the lower court, on April 5, 2012, the lower court: (a) drafted a written agreement on the purport that “the victim transferred the amount to him/her” (Evidence No. 1,308 pages); (b) on April 12, 2012, the Defendant and K transferred the amount to him/her to K; and (c) on April 12, 2012, the victim transferred the amount to KRW 1 billion to the Defendant of the victim to K in lieu of paying the amount to K; and (d) K received KRW 500 million from the Defendant on the same day (Evidence No. 1,279 pages); and (c) K received KRW 8 billion from the victim to the witness (Evidence No. 1,280,000,000,000 from the victim’s witness; and (d) K received KRW 68 billion directly from the Defendant.
“The facts (15 pages) stated to the effect that “” are recognized, and the witness AB of the Party is aware that there was an agreement on the settlement of KRW 1 billion between the Defendant, the victim, and the K, but the actual deposit process of settlement, cash exchange and receipt do not directly confirm and take part in the process, and talks with the witness.
The facts stated "(3~6 pages)" are recognized.