사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is that the victim F manufactured the tape processed products of this case with the supply of raw materials from the defendant, so the above tape processed products cannot be deemed as the ownership of the victim who is merely a clinical processor, and therefore, the defendant was supplied from the victim.
The victim's property is not acquired through deception.
In addition, even though the Defendant had the intent or ability to pay the processing cost at the time of requesting the Defendant to process the instant tape, it was impossible to pay the processing cost to the victim due to the failure to receive the cost from the J (hereinafter “J”) even though the Defendant supplied the instant processed tape products supplied by the injured party to the J Co., Ltd. (hereinafter “J”), so eventually, there was no intention to obtain the Defendant’s pecuniary advantage equivalent to the processing cost of the instant tape.
Nevertheless, there was a criminal intent to acquire the victim's property by deceiving the victim of the product processed from the tape of this case by deceiving the victim.
The judgment of the court below is erroneous in the misapprehension of legal principles as to the ownership of the tape processed products of this case.
2. Determination
A. Prior to the judgment on the grounds for ex officio appeal, the health department, and the public prosecutor’s conduct of Articles 10 through 13 from among the facts charged in the instant case, “ Nevertheless, the Defendant, despite its existence, received 2,940,000 tape processed products equivalent to KRW 19,404,00 from the injured party for about 10 days around April 20, 2013, and received approximately 12,639,000 tapes processed products equivalent to KRW 1,915,00 from the first police officer for about 3 days around May 2013.
Accordingly, the defendant was given property by deceiving the victim.
“ Nevertheless, the Defendant, however, has the victim process 2,940,00 tapes processed for about 10 days around April 20, 2013, the Defendant received the supply and received the supply and received the supply of 19,404,00 won equivalent to the processing cost.