사기등
1. The part of the judgment of the court below guilty (excluding the part of an order for compensation and dismissal of the application for compensation) shall be reversed.
2. The defendant shall be punished by imprisonment.
1. Summary of grounds for appeal;
A. In relation to Defendant 1’s misunderstanding of facts and misapprehension of legal principles, Defendant 1’s 2017 Highest 3034 case, the victim Q has invested money in response to the Defendant’s investment proposal on the bridge game and mobile phone spread business, and the Defendant’s deception by deceiving the said victim.
However, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and misunderstanding the legal principles.
B) In relation to the criminal facts of the case No. 2018 Highest 237, the victim D, who was aware of the fact that the Defendant created a profit by the method of “insurance work” from the beginning, was unaware of the fact that he/she would well create a profit, and thus, he/she was unaware of the Defendant to open a mobile phone to help the Defendant. Therefore, the Defendant was not subject to deception.
However, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and misunderstanding the legal principles.
2) The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment) is too unreasonable.
B. Regarding the non-guilty part of the instant case, the Defendant had no intention or ability to pay mobile phone installments and communications fees as agreed to the victim D, and thus, the Defendant’s deception is sufficiently recognized.
However, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2) The above sentence committed by the lower court against the Defendant is too uneased and unfair.
2. Determination
A. According to the evidence duly adopted and examined by the court below, such as the Defendant’s mistake of facts and misapprehension of legal principles, the Defendant’s statement in the 12th trial protocol related to the instant case No. 3034, the 12th trial protocol of the court below, the witness Q’s statement in the 9th trial protocol of the court below, and the account transaction details, etc., the principal is also the principal even if the Defendant receives money from the victim Q as stated in this part of the facts charged.