사기
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Defendant A1) In collusion with B, as stated in the facts charged, the Defendant did not receive KRW 100 million from the victim I.
② The Defendant merely borrowed money from Q and did not borrow KRW 50 million from the victim Q.
In addition, there is no fact that the victim Q Q has entered into a contract for construction work with the victim, and there is no fact that the amount equivalent to the construction cost
(3) The defendant would offer a victim U to pay five million won per month.
Since there is no fact to prescribe otherwise, there is no fact that the sum of the benefits is obtained from the victim U, 60 million won.
2) The sentence of the lower court that was unfair in sentencing (three years and six months of imprisonment) is too unreasonable.
B. Defendant B (unfair sentencing)’s punishment (one year of imprisonment) is too unreasonable.
2. Determination
A. The judgment of the court below as to Defendant A’s assertion of misunderstanding of facts also asserted the same purport, and the court below rejected the above assertion by giving a detailed statement in the column of “decision on the Defendants’ and defense counsels’ assertion.” In light of the records, the court below’s judgment is just and acceptable, and there is an error of law by misunderstanding of facts, as alleged by the Defendant.
Therefore, the defendant's mistake of facts is without merit.
B. As to the Defendants’ assertion of unfair sentencing, Defendant B’s judgment on the crime of this case was later recognized and contradictory to the mistake, Defendant B deposited KRW 22 million for the victim I in the original trial, and KRW 5 million for the victim W, and Defendant A’s wife wished to the Defendant A’s prior wife, etc. as favorable to the Defendants.
On the other hand, the crime of this case is a case in which the defendants conspired to commit the crime of this case or deceiving a number of victims independently, and the defendant A acquired a total of KRW 490 million, and the defendant B acquired a total of KRW 110 million.