사기등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. (1) In regard to the thief charges, the Defendant did not steals electric wires, new stocks, etc. at the site of removal of the Drupture building (hereinafter “instant building”) as stated in the facts charged.
(2) As to the facts charged in fraud, there is no fact that the Defendant saw the clicker or received KRW 1 million from F.
B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.
2. Determination
A. (1) Around May 2012, the Defendant entered into a contract with the victim E to take measures to remove the instant building (the size of five stories above ground level from the underground first floor, the size of one story, the size of 170 square meters on one story, and the number of 16 million won on one story) for reconstruction and waste disposal of the instant building located in Yansan-gu Seoul Special Metropolitan City on the grounds of appeal as to the part of the thief charges. However, on the other hand, the Defendant attempted to sell electric wires, etc. unrelated to the removal work on the water.
From May 2, 2012 to December 21, 2012, the Defendant, at the site of removal of the instant building, sold the total amount of KRW 11,00,000,00 in the market value of electric wires installed in the field of powder charging, electric lamps, strings, strings, contact terminals, and so on, and the new shares, etc. of fire hydrants installed on each floor (hereinafter “electric wires, etc.”) around that time.
Accordingly, the Defendant stolen electric wires, etc. equivalent to the total market value of KRW 11 million.
(2) The lower court found the Defendant guilty of this part of the facts charged based on the macroscopic evidence.
(3) However, the lower court’s judgment is difficult to accept.
(A) The victim consistently stated that he had been witnessed and resisted by the Defendant himself to get electric wires loaded on the top and back seat of the wing truck and the lower seat, and the instant building appears to have been difficult to enter the outside because it was a locking device.