사기
The defendant's appeal is dismissed.
1. As to the fraud of the victim D with regard to the summary of the grounds for appeal (misunderstanding of facts and improper sentencing), the Defendant had no intention to deceive the victim since the Defendant believed that the Defendant was affiliated with C and Q to engage in gold leader and the monetary business for the right to use money and received expenses from the injured party.
The punishment sentenced by the court below is too heavy.
2. Determination
A. Determination as to the assertion of mistake of facts (the fraud against victim D) is based on the evidence duly adopted and examined by the lower court, i.e., the following circumstances acknowledged by the evidence, i.e., the Defendant believed the gold leader and the right monetary business.
However, the defendant did not know about the above project, even after receiving money from the injured party, did not take any measures, such as confirming whether the said money is used in the business, whether the business is being carried out, and whether the business is carried out, and the contact was interrupted; ② the defendant borrowed from the injured party D as expenses for the monetary project regardless of Q and C, and used the amount equivalent to the money for the personal purpose; ③ the defendant used the money for the personal purpose; ③ the defendant did not carry out the gold leader and the money market project around December 1, 2010.
In light of the fact that the Defendant received additional KRW 50 million from a false statement and received additional KRW 50 million from the victim M at the time of committing the crime against the victim D, and the Defendant also obtained KRW 30 million from the victim M at the time of committing the crime against the victim M, and recognized the facts charged against the victim M from the investigation agency to the trial court of the party, it can be recognized that the Defendant obtained money from the victim D by ice out the monetary business of the Gu.
The defendant's assertion of facts is without merit.
B. The victim I and M acknowledged the crime against the victim I and M, the victim D's damage amounting to KRW 98 million out of KRW 100 million of the damage amount of the crime No. 1 of the crime committed in the judgment of the court below against the victim D was recovered at the time of the crime, and the victim D and I agreed with the victim D and I, and the judgment becomes final and conclusive.