사기
The judgment of the first instance shall be reversed.
The sentence against the accused shall be determined by a fine of KRW 3,00,000.
The above fine shall be imposed on the defendant.
1. The judgment of the court on the erroneous determination of the gist of the grounds for appeal (the decision of the court on February 2, 198) and the decision of the court on the erroneous determination of facts on the grounds of appeal (the payment of money from the victim was provided to E, but the payment was not fulfilled by E and the defendant did not belong to the victim
A. As to the assertion of mistake of facts, the first instance court convicted the Defendant by taking into account the following: (a) the Defendant used at least KRW 16 million out of the amount received from the victim as the purchase price for golf vehicles as personal use; and (b) the Defendant’s most of the money remitted to E appears to be the money of investment or loan character, not the purchase price for golf vehicles; and (c) it is acceptable to take these measures in the first instance court; and (d) there is no illegality such as misunderstanding of facts affecting the conclusion of the judgment, and thus, the above argument by the Defendant disputing this point cannot be accepted.
B. As to the assertion of unfair sentencing, the Defendant paid 8.8 million won additionally to the victim and recovered damage of 12.8 million won in total, the Defendant has no record of punishment for a similar type of crime, E is unable to hear his/her statement on the wind that he/she died on November 2012 and it is difficult to clearly measure the degree of the Defendant’s criticism. In addition, comprehensively taking account of various sentencing conditions as indicated in the argument of the instant case, such as the number of fraud, the relationship between the Defendant and the victim, the Defendant’s age, character and behavior, the character and conduct, the motive and circumstance of the crime, etc., and the circumstances before and after the crime, the sentence of imprisonment of 8 months sentenced by the first instance court is deemed to be too unfair.
3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.
Criminal facts and summary of evidence recognized by the court are those of the first instance judgment.