사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds of appeal is that the Defendant did not know E at the time of the discount on the check of the political party, and did not at all participate in the discount on the check of the political party. However, as the actual operator of D Co., Ltd. (hereinafter “D”) at the time, the Defendant issued the check at the request of the Standing Director H to the effect that it is necessary for the settlement of the price to the customer. However, the lower court found the Defendant guilty of the facts charged in the instant case by misunderstanding the fact.
2. The Defendant asserted that the grounds for appeal are identical to the grounds for appeal in the lower court, and the lower court rejected the allegation in detail with the above argument and the judgment under the title of the judgment [Judgment as to the Defendant and his defense counsel].
In addition to the following circumstances acknowledged by the evidence duly adopted and examined by the lower court’s determination, the lower court fully recognizes the fact that the Defendant, while having no intent and ability to repay as stated in the facts constituting the crime in the lower judgment, deceiving the victim F through E and obtained the delivery of KRW 47 million as the discount money for the check at hand, can be fully recognized.
Therefore, the defendant's assertion of facts is without merit.
A. As a representative director of D, the Defendant actually operated the said company by directly approving the issuance of a check or a bill for payment, etc.
B. At the time of the discount of the check of the instant case, D was in the status of raising the funds of the current account due to reasons such as business depression and increase of the outstanding amount, and D’s operator did not have personal income, and the Defendant was also in the status of preparing for personal rehabilitation from April 2008, because there was no sufficient means to repay the debt, such as forced auction procedures for the building where overdue financial institutions’ loan obligations, etc. were possessed in excess of five billion won.
(c)
E From the Gangseo-gu Seoul Police Station (the 10th day of the judgment below's 4th day of the 10th day of the 10th day of the 10th day of the 201st day of the 201st day of October 2014) .