특정경제범죄가중처벌등에관한법률위반(사기)등
All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. The grounds of appeal by the defense counsel submitted after the period for submitting the gist of the grounds of appeal are examined within the scope of supplement in case of supplement of the grounds of appeal;
A. misunderstanding of facts and misapprehension of legal principles [the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)] did not deceiving the victim W.
The Defendant would follow the removal service project by having Q Q selected as a construction contractor for the reconstruction project of the apartment complex by taking advantage of the relationship with the president of Q Group S, and the Defendant would follow the removal service project.
“Along with the victim’s remarks, the victim did not cause P to procure KRW 500,00,000,000.
At the time of receiving the above money, the Defendant: (a) entered into a contract for the removal service within one week with the victim W when the P made an investment of KRW 500 million; and (b) paid a total of KRW 1.3 billion; and (c) returned KRW 500 million if the said contract is not entered into.
“Absently unaware of the agreed fact.”
Nevertheless, the court below accepted the statements of P without credibility, and found the defendant guilty of this part of the facts charged that the defendant by deceiving the victim W through P, thereby deceiving the victim W. The court below erred by misapprehending the legal principles on the establishment of fraud and by misapprehending the legal principles.
B. The sentence of the lower court’s unfair sentencing (the first instance judgment: imprisonment with prison labor for three years, and the second instance judgment: imprisonment with prison labor for five months) is too unreasonable.
2. Judgment on the misunderstanding of facts and misapprehension of legal principles [the point of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)]
A. The summary of the facts charged in this part of the facts charged is that the Defendant: “The Defendant is the representative director of R, who is a cooperation company for Qing machine, and is the external grandchildren of the S Q Chairperson; and it cannot be directly viewed as business related to Q.
In the request of the Council, Qua may be selected as the contractor of the Songpa-gu Seoul Metropolitan Government apartment reconstruction project, and Qua will follow the removal work of the said reconstruction project if Qua is selected as the contractor.