특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. In fact-misunderstanding or legal principles, the Defendant: (a) received KRW 740 million from the victim F as the price for the L CD; (b) received a 30,000 bid from the former operator of LG on December 12, 2014 from the victim; (c) received a successful bid from the former operator of LG to deliver the victim; and (d) delivered the victim with a bid of KRW 15,000 from the former operator of LG on January 9, 2015; and (c) paid the said KRW 740,000,000 to the former operator.
Therefore, the defendant by deceiving the victim and defrauded the victim of KRW 740 million.
shall not be deemed to exist.
B. The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.
2. Determination
A. The lower court also argued the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion and convicted the Defendant of the facts charged in this case by clearly explaining the reasoning for appeal.
In full view of the following circumstances recognized by the evidence duly adopted and examined by the lower court and the lower court, the lower court’s determination is justifiable in its conclusion and thus, the Defendant’s assertion on this part is rejected.
1) On February 6, 2015, the Defendant: (a) on February 6, 2015, the Defendant agreed to accept KRW 740 million from the injured party as the price for the goods; and (b) to pay the goods or the price for the goods by February 6, 2015 (from February 12, 2015 to May 12, 2015 each month; and (c) the remainder after paying the amount of KRW 150 million to the injured party.
5.12. Payment will be made in 12.) In the event that no performance is made, legal responsibilities will be borne.
was prepared and awarded a certificate of cash custody stating “.......”
In that sense, on February 6, 2015, the Defendant supplied L CDs to the victim.
It is time from December 12, 2014 and January 9, 2015 that a considerable time has passed.
2) On March 25, 2015 between the Defendant and the victim, the victim at his own telephone, “ even if the victim has come out of the goods,” the amount of KRW 100 million per April 12, 201.