사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date of the final judgment.
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant held art exhibitions in the course of operating a gallon Co., Ltd. P and E gallon, it is deemed that the Defendant had the intent and ability to trade the art works at the time of receiving money from the victims. In light of the fact that the Defendant collected a large number of art works worth acquiring money from the victims, and the Defendant used the money received from the victims for gallon management and was not used for personal interest, it is deemed that the lower court found the Defendant guilty of all the facts charged in the instant case, even though it was not recognized that the Defendant had obtained money from the victims, and that it was not used for the gal
B. The sentence of the judgment of the court below on unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. (1) As to the assertion of mistake of facts or misapprehension of legal principles, the criminal intent of defraudation, which is a subjective constituent element of fraud, shall be determined by comprehensively taking account of the objective circumstances such as the financial history of the accused before and after the crime, the environment, the details and contents of the crime, and the process of transaction execution
(2) In full view of the evidence duly admitted and investigated by the court below, P Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was established on May 1, 2008 for the purpose of art sales business, etc., and the Defendant was appointed as the representative director of the Defendant’s company on June 10, 2009 and was operating the Defendant’s company. ② The Defendant Co., Ltd. (hereinafter “Masan Cultural Broadcasting”) entered into a business agreement on the operation of Qgggl (hereinafter “Eglglglglglglglgl”) on the 43th floor of Qglglgl in the window of Changwon City (the name of Won was changed on September 11, 2009, and it was changed on October 1, 2009) under the above contract.