사기
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Fact-misunderstanding Defendants are merely aware of the victim’s speech that the victim’s horse was a serious material and did not pay the victim the victim with his/her own price after the purchase. Thus, the crime of fraud is not recognized.
B. The sentence of the lower court’s unfair sentencing (one year of suspended execution and 40 hours of community service order in each five-month imprisonment) is too unreasonable.
2. Determination
A. 1) As to the assertion of mistake of facts, the Defendants asserted the same purport in the lower court, and the lower court, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, found the Defendants guilty of the instant facts charged.
Accordingly, the Defendants did not accept the above assertion.
① At the time of the Defendants’ purchase from the injured party, it seems that the Defendants did not seem to have received the appraisal of the truth by the F Association, etc.
On the other hand, the Defendants determined to pay the amount calculated by adding the amount of KRW 50 to 100 to the price purchased by the injured party.
② The Defendants, for a half year, failed to pay the victim one-year period (at the same time, sent letters to the effect that payment of one’s own price would lead to a limited amount of money, and that the promise was not complied with) and attempted to return the victim’s own money only when the victimized party showed a move to file a complaint against the Defendants.
③ The Defendants received the F Association’s rulings on the gamblings purchased as above was conducted at the time when the damaged party filed a complaint against the Defendants, and the second police investigation was conducted.
④ Although the Defendants received the appraisal that the self-satisfy purchased from the injured party before the instant case, the Defendants continued to purchase the self-satisfy from the injured party.
In this respect, the victim's self-affort will appraise the truth of the F Association.