사기
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. Since gambling transactions, such as the facts charged in the misconception of facts, are conducted between the defendant and F, the defendant did not have any act of deception, such as the document written in the facts charged, against the victim D, who is the living site, and there was no intent to deceive the victim by deceiving the victim, the court below concluded that the defendant by deceiving the victim with the same circumstance as the facts charged in the judgment of the court below, which affected the conclusion of the judgment by misunderstanding of facts.
B. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. On May 23, 2011, the Defendant made a false statement to the effect that “The Defendant would pay gambling money to the victim by the 15th day of the following month on the face of supplying stuffs” from the E-factory office operated by the victim D in Kimhae-si, Kim Jong-si, via F.
However, in fact, the defendant had a debt of about 400 million won at that time, and some of the stuffs supplied by the victim had the intent to deliver to other creditors by payment in kind. Therefore, even if stuffs are supplied by the victim, there was no intention or ability to sell it in another place and pay the price.
Nevertheless, on May 23, 201, the Defendant: (a) by deceiving the victim; (b) supplied 11,850,000 gambs equivalent to KRW 15,000 from Yacheon-gu G on May 23, 201; and (c) supplied 5,000 gambs equivalent to KRW 5,950,000 from Yaju-gun, North Korea on May 23, 201; and (d) supplied 20,00 gambs equivalent to KRW 12,53,00 from Ya-si, Kim Jong-si, Kim Jong-si, Kim Jong-si.
B. As to the defendant's change of the requirements, the defendant consistent with the police since the police, and the gambling transactions, such as the entries in the facts charged, have been conducted between the defendant and F, and the defendant is the defendant's life.