사기등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of two years and six months and by a fine of thirty million won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and fines of KRW 500,000), which the court below sentenced, is too unreasonable.
2. The judgment of this case is a false statement that the Defendant would sell a mobile phone terminal to F and H without the intention or ability to actually operate the business, thereby allowing F and H to earn high-quality sales commission, and by inducing F and H to engage in an act of fund-raising in return for promising to make an investment in return for the promise to acquire investment worth KRW 1.0 billion by deceiving the investment money of KRW 1 billion, and F and H present to F by forging the registration certificate of K Co., Ltd. under the name of the director of the defective tax office for the purpose of checking whether F and H actually actually deposit the deposit amount of KRW 300 million to the telecommunications agency, and without specifying working conditions, they delayed payment of KRW 3.14 million for two workers under their command
Along with the fact that there is no entry into a business consignment agreement for mass sales with a mobile phone agency, and that sales rents are not paid properly due to the low sales performance, the criminal law, such as forging a certificate of business registration of a mobile phone agency, is inadequate and interviewed to F et al. In order to make F et al. believe that F et al. that F et al. made a contract with a mobile phone agency and made a false payment of KRW 300 million, it is unfavorable to the Defendant. The fact that the amount of damage caused by the instant criminal act is KRW 1 billion and the actual damage, excluding the amount of redemption and allowances paid to the victims, is not paid, even if the actual damage is equal to KRW 400 million.
On the other hand, unlike the court below where the defendant denied the crime as to the portion of the amount that the defendant did not receive, the confession and reflects the whole crime of this case, and the amount that the defendant received from F and H is caused by the act of receiving the money without delay.