사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
Of the facts charged in the instant case, fraud at September 7, 2016.
1. The summary of the grounds for appeal (the appellate court, which is a factual error, shall judge without any need to decide whether the grounds for appeal are lawful, if the appeal is included in the statement of grounds for appeal or the statement of grounds for appeal. However, with respect to any grounds for ex officio examination, it shall be limited to the cases where the grounds for appeal were stated in the petition of appeal or are included in the statement of grounds for appeal submitted within the prescribed period. However, even if it is not included in the statement of grounds for appeal on exceptional grounds affecting the judgment, it may be tried ex officio. Meanwhile, even if the defendant or defense counsel states matters not included in the statement of grounds for appeal in the appellate court, it may not be deemed that there are grounds for appeal as contained in the statement of grounds for appeal (see, e.g., Supreme Court Decision 2006Do8488, May 31, 2007). The defendant and defense counsel added the grounds for appeal to the effect that the sentence of the court below is too unreasonable on March 11, 2020, only the grounds for appeal are legitimate within the submission period for grounds for appeal.
A. On September 7, 2016, Nos. 1, 2016, as indicated in the judgment of the court below, the Defendant had the intent or ability to subcontract electrical construction to the victim among the new E-construction works in size of 10,000,000 won, which were viewed subsequent to the time when the Defendant received KRW 20,000,000 as stated in the facts charged from the victim, but due to subsequent changes in circumstances.