사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In full view of the evidence of the grounds for appeal, the judgment of the court below that acquitted the facts charged in this case, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts, although it is possible to fully acknowledge the intent of deception and deception.
2. The facts charged in this case and the judgment of the court below
A. The Defendant of the facts charged in the instant case stated that “F” health food agencies operated by the victim E in Seongbuk-gu, Seongbuk-gu, Sungnam-si, 2012, “The health food will be delivered to the customers involved in the transaction for the purpose of the Gu’s gift. G golf courses and H golf courses have already entered the orders for health food.”
However, there was no fact that there was an order for the delivery of health food at G golf courses and H golf courses, and the Defendant thought that the sale proceeds of health food would be appropriated for the Defendant’s payment of the Defendant’s claims against the victim, and thus, there was no intention or ability to pay the price even if the Defendant received health food delivery from the victim.
The Defendant, as such, by deceiving the victim, received goods from the victim, which amount to KRW 50,292,00 in total to KRW 50,292,00, including the 10-class 280 10 scam market price, such as the first half of January 2013 through the first half of February 2013.
B. The lower court rendered a not-guilty verdict on the facts charged of this case on the following grounds.
With respect to the goods delivered as sample goods, three of the health foods delivered by the victim to the defendant, the sum of the 11,65,000 won (including the sum of the 11,65,000 won (including the 1,000 won) of the health foods (hereinafter “redred red ginseng”), three of the red ginseng ginseng (hereinafter “red red ginseng”) and the mountain ginseng concentration (hereinafter “vert ginseng concentration”) shall be given as sample goods, and the victim shall be given free of charge to the defendant for the purpose of maintaining transaction relations, such as health and food sales in the future.