사기등
All appeals by the defendant against the judgment below are dismissed.
1. Summary of grounds for appeal;
A. As to the judgment of the court below 1, 1) It is true that 8.5 million won is borrowed from the complainants misunderstanding the facts, but it is merely a failure to pay the money with the custody of the complainants, and it does not mean that the money was acquired through deception by deceiving the complainants from the beginning.
In the statement of reasons for appeal, the Defendant alleged that the judgment of the first instance was erroneous and unfair, and that the judgment of the second instance was unfair, and that the Defendant and the defense counsel appealed for the reason that the sentencing was unfair on the date of the first trial of the first instance.
Although the statement was made, it was not explicitly stated that the assertion of mistake was withdrawn.
A person who has submitted a written reason for appeal may withdraw part of the reason for appeal specified in the written reason for appeal at the trial at the trial date at the appellate court, but may be restricted if the reason for appeal is withdrawn, which would not be the reason for appeal again. Therefore, the withdrawal of the reason for appeal should be made clearly (see Supreme Court Decision 2002Do6834, Feb. 26, 2003, etc.). In light of the above circumstances, the withdrawal of the reason for appeal should be made only clearly (see Supreme Court Decision 2002Do6834, Feb. 26, 2003).
2) The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.
B. The punishment sentenced by the lower court against the lower judgment of the second instance (one hundred months of imprisonment, confiscation, and collection KRW 300,000) is too unreasonable.
2. Determination
A. 1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant’s assertion of misunderstanding the facts against the first instance judgment is not acceptable, and thus, the Defendant’s assertion of misunderstanding the facts is not acceptable.
(1) The defendant purchases and keeps oil at the police time when oil is low, and proceeds from selling at the time of non-rice.