사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. Summary of grounds for appeal;
A. In light of the victim C’s investigation agency and the court below’s legal statement related to not guilty portion of the judgment of the court below on fact-misunderstanding (public prosecutor), the victim C paid 20 million won to the Defendant’s R by deceiving the Defendant’s deception on behalf of the Defendant.
Although the court below rendered not guilty of this part of the facts charged, there is an error of law by misunderstanding the facts of innocence in the judgment of the court below and affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court (five months of imprisonment) is too heavy or too harsh (the Defendant).
2. Determination
A. The lower court determined as to the assertion of mistake of facts: (a) on the facts charged that “the Defendant, as stated in paragraph (1) of the facts constituting the crime of the lower judgment, by deceiving the victim C as stated in the judgment below, and thereby, received KRW 20 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
In light of the records, it is difficult to see otherwise, and there is no other evidence to acknowledge this, and instead, the above amount was determined not guilty on the ground that D merely returned the money received from R on the ground of the Defendant, and it appears that D merely repaid its debt.
Examining the judgment of the court below closely after comparison with the records, the court below's decision that found the defendant not guilty of this part of the facts charged on the grounds as seen earlier is just and acceptable, and there was an error of misconception of the facts alleged by the prosecutor.
It is not recognized.
Therefore, prosecutor's assertion is without merit.
B. As to the unfair argument of sentencing.