특정경제범죄가중처벌등에관한법률위반(사기)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) In the event that there was money of KRW 1.5 billion, the Defendant was able to obtain 300 gold bars in fact.
In good faith, 1.5 billion won was borrowed from the injured party, and there was no intention to defraud the money by deceiving the injured party.
Nevertheless, the lower court erred by deceiving the victim to the effect that, although the Defendant did not have the intent or ability to obtain 300 gold bars, it would have obtained and disposed of 1.5 billion won of money necessary for the acquisition of gold bullion, and thereby would have obtained and disposed of the money,” thereby deceiving the victim to the effect that “the Defendant would have obtained and disposed of the money,” thereby obtaining 1.5 billion won from the victim.
2) The sentence sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.
2. As to the Defendant’s assertion of mistake as to the Defendant’s fact-finding, the lower court rejected the Defendant’s assertion on the following grounds: (a) on the grounds that the Defendant alleged to the effect that this part of the judgment was identical to the assertion of mistake as to the Defendant’s fact-finding; (b) the lower court
In full view of the following circumstances, which can be recognized by the evidence duly adopted and investigated by the court below, the defendant acquired and disposed of 300 gold 1.5 billion won from the injured party, even if he borrowed 1.5 billion won from the injured party and did not have the intent or ability to deliver the profits to the injured party, the defendant can recognize the fact that he acquired 1.5 billion won by deceiving the injured party as if he had such intent or ability, and therefore, the judgment of the court below to the same purport is just.
Therefore, the judgment of the court below contains an error of mistake as alleged by the defendant.
Therefore, the defendant's assertion is without merit.
Defendant
In addition, it is the form of preparing a certificate of cash custody given to the victim.