사기
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant had intent or ability to pay the price at the time of requesting the production of school uniforms to the victim, but did not receive the school uniforms from the I High School that supplied the school uniforms and did not have the intent to commit the crime of defraudation.
B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.
2. In full view of the following circumstances recognized by the lower court’s judgment and the evidence duly admitted and investigated by the trial court as to the assertion of mistake of facts, the intent of defraudation can be sufficiently recognized to the Defendant.
Therefore, the defendant's above assertion is without merit.
Until March 5, 2012, the Defendant paid the first school uniform by the I High School, however, until March 5, 2012.
3. The first school uniform payment was received from the victim, etc. for the first time in 14. However, the objective circumstance that the first school failed to pay the school uniform payment is not revealed.
B. At the time of committing the instant crime, the Defendant issued 6 copies of a check in one’s own front of 300 million won, excluding the check in one’s own front of the face value of 5 million won, which was issued by the Defendant, so that all of them would be in default due to the shortage of deposits, and were punished for violation of the Illegal Check Control Act, thereby pressureing debt owing to the shortage of funds.
C. The Defendant’s financial status at the time of the foregoing, and the Defendant entered into a school uniform supply contract with I High School on January 19, 201, and on June 4, 2011, the Defendant, upon requesting the Defendant to supply the victim with the school uniforms worth KRW 5 million until June 13, 2011, issued a copy of the household check with the face value of KRW 5 million and KRW 5 million on March 15, 2012. After that, the Defendant, on March 14, 2012, received the first school uniform payment of KRW 37 million from I High School on March 14, 2012 and did not pay the victim the amount of KRW 5 million.