사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. Error of facts (1) F and L actually operated, and the Defendant merely decided to receive service costs from E as a research task manager, and is not an actual operator.
(2) The Defendant has a technology to produce aesthetic salt in a large quantity, and actually promoted the development of the product to develop water salt including vegetable but not limited to the development of the product. Since each government contribution has intent and ability to use it for the development of the relevant technology, there is no intention to commit fraud.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.
B. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.
2. Determination
A. (1) The defendant argued that he is not an actual operator of E in the judgment of the court below, and the court below rejected the defendant's argument in detail in the reasoning of the judgment. It examined the judgment of the court below in comparison with evidence, which can be recognized by the court below in light of evidence duly adopted and investigated, and suggested that the defendant work together with F and L at the time of operating AF in the past around 2009, and F et al. join E after receiving the defendant's instruction and approval on all matters related to the operation and fund execution of E such as the preparation of the business plan, the business plan, and the disbursement resolution related to the crime of this case. The defendant himself also joined the investigative agency as the chairperson of AK, a telegraph, who works for the defendant, and closed and closed the above company, and the defendant was actually a representative, and the defendant promoted various projects related to the operation of the company, such as the operation of the company, and the execution of government contributions.