사기
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. The court below found the defendant guilty of the facts charged of this case, even though he did not know the fact that the defendant entered into a contract for goods purchase with the victim and did not have any intention to deceive the victim or to defraud the proceeds of goods.
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment and two years of suspended sentence) is too unreasonable.
2. Determination:
A. Around September 23, 2011, at the D Hospital office located in Changwon-si, the Defendant drafted a written contract to the effect that if he/she supplies electronic equipment, such as air conditioners and TV, installed in the above hospital from the victim F through E, the Defendant’s employees, to supply the electronic equipment equivalent to KRW 9,2.60,000,000 in total, the purchase price shall be paid in cash on October 31, 201, and if he/she fails to pay the price, 14% per annum shall be paid.
However, in fact, G Co., Ltd., a real executor of the above hospital, at the time, was established for the sale of the above hospital around January 2009, and there was no particular profit and property. Rather, in the event that the Defendant collected loans from the savings bank and accumulated the debt of KRW 6.9 billion in total and KRW 8.1 billion in unpaid construction payment, the loans from other financial institutions were not made, and the hospital site and building site of the above hospital were owned by the K non-Real Estate Trust Co., Ltd. on May 12, 201, and the decision to commence auction was made on August 26, 201 upon the request of the Korea Asset Management Corporation on August 26, 201, and thus there was no intention or ability to pay the above fees even if the electronic equipment was supplied by the victim.
Nevertheless, as above, the Defendant, by deceiving the victim as above, obtained from the victim the total sum of KRW 9,266,00 from September 30, 201, and acquired the electronic equipment from the victim.
B. The lower court’s judgment.