사기등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) In so determining, the lower court erred by misapprehending the legal doctrine that recognized the liability for fraud against the Defendant, even though the Defendant did not have the intent to defraud the Defendant.
2) The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The judgment of the court below on the Defendant’s assertion of mistake of the fact is based on the evidence duly adopted and investigated as follows: (i) the Defendant did not have any property or source of revenue; and (ii) the Defendant’s successful bid amount operated by the method of winning a contract regardless of whether the fraternity’s advance payment was made; (iii) the Defendant provided a direct money in the event that the shortage occurs due to the fraternity’s advance payment; (iv) however, there were many cases where the fraternity members failed to pay the advance payment from around 2016, which led to the Defendant’s successful bid amount; and (v) the Defendant did not normally operate the Defendant’s advance payment system; and (v) even if the Defendant had a claim for the advance payment to the fraternity members, the possibility of collecting the said claim was low.
The decision was determined.
In the above circumstances, the following circumstances acknowledged by the evidence at the trial of the court, namely, that the Defendant’s India Investigation Agency was unable to pay the fraternity due to the depression of the game, etc., the Defendant organized a new system to maintain the previous system, and appropriated it with the successful bid price received in the first month as the previous state (No. 1st 301st page of the evidence record No. 4020, 2020), and the Defendant had been already faced with the difficulties of the guidance around 2016, and thus, all of the previous accounts operated around that time.
Further to the statement (2020 upperest 402 pages 1, 303 of the evidence record).