사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. In relation to the Defendant’s fraud, the Defendant did not participate in the Defendant’s fraud in collusion with I, and related to the embezzlement, the Defendant paid the pertinent money to I by converting it into investment funds to I after obtaining the victim’s permission. As such, there is no intent of embezzlement.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below to determine the embezzlement among the defendant's assertion of mistake of facts, the defendant can be found to have embezzled the money that the defendant received as a student's school expense from the injured party for another purpose without the victim's consent. Thus, the defendant's assertion of mistake in this part is without merit.
① The Defendant is also recognized as having received KRW 32 million from the victim’s children for the expenses of studying abroad, and used only USD 900 for the expenses of studying abroad, and used the remaining money for other purposes.
② However, on December 28, 2013, the Defendant made a conversation with the victim by telephone, and the Defendant stated to the effect that the above study expenses are money to be returned to the victim.
(3) On the other hand, the Defendant agreed with the victim to convert the above money to investments in I, and paid all the above money to I.
argument is asserted.
However, according to the consistent statement of the victim, since around March 2008 when the defendant entered Korea, the victim came to know that the contract was a false contract with the defendant and resisted the defendant. In such circumstances, it is difficult to accept that the victim agreed with the defendant to convert the above money into investment in the above land.
3. The defendant.