사기
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. Although it was true that the defendant received a total of KRW 15 million from the victim as material price, the judgment of the court below which found the defendant guilty of the facts charged in this case without deceiving the victim was erroneous and adversely affected the conclusion of the judgment by misunderstanding the facts.
B. The lower court’s sentencing (fine 4 million won) is too unreasonable, even if not, on the other hand, unreasonable.
2. Determination
A. The summary of the facts charged is that, around July 9, 2013, the Defendant: (a) was in Ulsan-gu C; (b) the facts in the D factory do not have the intent or ability to deliver the materials to the victim E; (c) the victim did not have the intent or ability to do so; and (d) the victim made a false statement that “if new materials are purchased, there are many expenses; (d) he was fine for the removal factory; and (e) whether the purchase of this materials would not be collected; and (e) he obtained a sum of KRW 15 million from the victim and acquired it by
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence presented in its judgment.
C. In a case where, by failing to notify the purchaser of any specific circumstance related to the sale and purchase, the seller of a certain object of the fact-finding 1 is liable to notify the purchaser of the fact that the effect of the sale and the performance of the obligation arising from the sale and purchase might hinder the purchaser from securing his/her right to the subject matter of the sale without notifying the purchaser of such circumstance, and where it is evident in light of the empirical rule that, if he/she was notified of such circumstance, the buyer would not enter into the sales contract or would not pay the purchase and sale amount, he/she would be liable to notify the purchaser of such circumstance in advance. Therefore, the seller’s failure to notify the purchaser of such circumstance is deceiving the purchaser, which