특정경제범죄가중처벌등에관한법률위반(사기)등
The second and third original judgments shall be reversed, respectively.
A defendant shall be punished by imprisonment for not less than eight months.
Of the facts charged in the instant case, the victim B.
1. Summary of grounds for appeal;
A. Error of facts (the part concerning fraud against the victim B in the second judgment) is true that the defendant borrowed 37 million won from the victim B, but the said money is not by deceiving the victim with the same content as that stated in the facts charged.
The Defendant received money to invest in the online game business promoted by J (hereinafter “instant game business”), and the Victim B was well aware of the fact.
Nevertheless, the court below found the defendant guilty of this part of the facts charged, which is erroneous.
B. The Defendant’s public defender asserts that there was no deception of the victim on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the instant case No. 2018 Gohap697, the Defendant’s public defender did not deceive the victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and there was no intent to commit fraud. The Defendant’s assertion of mistake that there was no causation between the Defendant’s deception and the act of disposal by the victim, the Defendant’s assertion of mistake on January 9, 2014 in the instant case that there was the forgery of private documents related to the acquisition of the claim and the use of the aforesaid investigation documents related to the receipt of KRW 650 million, and the forgery of the private documents related to the confirmation of facts and the use of the aforesaid investigation documents, and that each document was prepared in accordance with the terms of delegation with the delegation by the representative of each
The judgment of the court below (the first judgment of the court below : 6 years of imprisonment : 2 years of imprisonment : 4 months of imprisonment ; 3 months of imprisonment ; 6 months of imprisonment : 6 months) is too unreasonable.
2. Ex officio determination
A. The judgment of the second and third court on the consolidated defendant was sentenced in sequence, and the above defendant filed an appeal against each of the above judgment below, and this court decided to concurrently examine each of the above appeal cases.
. against the Defendant.