사기등
The judgment of the court below is reversed.
The punishment of the accused shall be set forth in six months.
The charge of fraud is not guilty.
1. Reasons for appeal;
A. The defendant is not guilty of deceiving the victim.
B. The punishment of the lower court is heavy.
2. Judgment on the assertion of mistake of facts
A. The Defendant’s summary of the facts charged in the fraud is the victim H who was interested in the matoba in the mato-dong, Gangnam-gu, Seoul, in the first half of April 2013.
30,000,000 on the face of the week, it is expected to produce Obacon Oba, which would normally be without a problem of safety nature.
The words were written.
However, the Defendant was thought to purchase the disused dynas, illegally remodel it, and manufacture the Oral dynas, and the Defendant could not obtain prior approval from the performance testing agent, and even if he received 30,000,000 won from the injured party, there was no intention or ability to produce the safe Oral dynas, even if he did not obtain prior approval from the injured party.
The Defendant, on May 17, 2013, transferred KRW 10,000,00 to a new bank account in the name of the Defendant, the Defendant’s branch, and KRW 5,000,000 to the same account on May 25, 2013, and KRW 8,000,000 to the corporate bank account in the name of the Defendant on June 15, 2013, and KRW 7,00,000 to the same account on July 4, 2013, respectively.
Accordingly, the defendant was given property by deceiving the victim.
B. Determination 1) The lower court found the Defendant as deceiving H on the grounds of the circumstances indicated in its reasoning.
2) Examining the evidence duly examined and adopted by this court’s determination in light of the record, the following facts can be acknowledged.
In accordance with the facts charged in fraud itself, it is not clear what the defendant deceivings the defendant, but when comprehensively interpreting the language, it is intended to create an Oba that has no problem of safety even though the defendant does not have the intent and ability to produce safe Oba, in spite of the fact that the defendant does not have the ability to produce
c) deception.