사기
The judgment of the court below is reversed.
Defendants are not guilty.
1. Summary of grounds for appeal;
A. In selling the instant key-type financial complex machine (hereinafter “instant machine”) from the side of the G Co., Ltd. (hereinafter “G”), the Defendants were required to receive the installation cost of one million won per unit separately from the mechanical cost when selling the instant key-type financial complex machine (hereinafter “instant machine”).
Meanwhile, the Defendants agreed to receive one million won per unit of the instant machine from G when selling it. The Defendants sold the five parts of the instant machine to the Appellant F (hereinafter “Appellant”) and agreed with G to receive the installation cost directly from the Appellant and to offset the aforesaid consulting cost that the Defendants would have to receive from G. As such, the Defendants sent the details of the installation cost from G to the Appellant and received one million won per machine from the Appellant.
Therefore, the judgment of the court below that found the Defendants guilty of the facts charged of this case is erroneous, even though the Defendants did not deceiving the complainant and did not have any intent to acquire the property by deception.
B. The sentence imposed by the lower court on the Defendants (two million won by each fine) is too unreasonable.
2. The facts charged in this case and the judgment of the court below
A. The Defendants of the facts charged in this case are those serving in the mutual business start-up consulting company, “E” on the third floor of the Gangnam-gu Seoul Metropolitan Government D building.
The Defendants conspired on October 19, 201, at the above E office, the Defendants called “the complainant who requested the establishment of small capital to purchase the KIKO machinery manufactured and sold inG may bring high profit into small capital investment if he/she installs it. 5 machinery units are installed up until November 201, 201, separate from the installation cost of KRW 5,000,000, the installation cost of machinery to be paid to G is changed to KRW 75,350,000.”
However, in fact, the cost of installing the KIKO machinery has already been KRW 75,350,000 in the price of the above machinery.