사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (six months of imprisonment) is too unhued and unfair.
B. The court below found Defendant (1) guilty of mistake of facts and misapprehension of legal principles, even though he merely served as an incidental role in concluding a remodeling contract with A’s belief and did not have a criminal intent to obtain fraud, there is an error of misunderstanding of facts or misapprehension of legal principles.
(2) The sentence of the lower court’s improper sentencing is too unreasonable.
2. Determination
A. The lower court, among the evidence duly admitted and examined, found that the Defendant’s assertion was related to A and B, and that it is difficult to properly understand that the Defendant believed only the horses of A and acted as a result of the work performed during the period from November 2011 to September 2014, since there was no case where the project was performed in the past. ② The Defendant served as a key role such as receiving direct money from the victims and soliciting the conclusion of the contract, as well as the Defendant served as a representative director of H in the resolution of the Bank of Korea as an interest shareholder.
(3) B was at the expense of the Defendant and at the expense of the Defendant.
In full view of the fact that the Defendant’s assertion that he did not receive any consideration, such as statement, is difficult to believe, the Defendant received the construction deposit, etc. from the victims, knowing that it is difficult for the Defendant to realize the A’s business, which is the premise for each of the instant crimes.
Since it is recognized, this part of the defendant's assertion is not accepted.
B. The Defendant denies the charge of this case, even though it has long been punished for the same kind of force, the court below agreed to the victim L in the original trial, and there is a change of situation in the victim R excessively in the trial, and the role of A and B in each of the crimes of this case is not small in the role of each of the crimes of this case, and the age, sex, intelligence and environment of the Defendant.