사기
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
except that this judgment.
1. Summary of grounds for appeal;
A. Defendant A received KRW 25 million from the amount remitted by the injured party from Defendant B, but Defendant A did not conspired to commit the instant crime with Defendant B, and did not deceiving the injured party.
Even if it is found guilty, the sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. Defendant B’s punishment (six months of imprisonment) is too unreasonable.
2. Determination
A. 1) The lower court found the Defendants guilty on the part of the Defendants, in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, on the ground that the Defendants conspired to acquire the oil price from the damaged person, and subsequently, convicted the Defendants.
① As to the background leading up to the solicitation of the instant crime with Defendant A, Defendant B made a relatively consistent statement from the investigative agency to the lower court’s court, Defendant B’s above statement is credibility when considering the relationship between the Defendants, the transaction relationship with Defendant A and H oil station, the process of supplying the instant oil, etc.
The defendant A introduced the H staff I of the gas station from the defendant B and delivered the oil price to H oil station in order to receive oil supply.
H Oil stations whose work F was performed by adding up the above oil prices to around November 2011.
J transferred 150,000 won of the five amount of oil to the J, and the J would settle one quantity of oil as the outstanding amount due to the oil price not received from H oil stations until now.
After unilateral notification, only four quantity of oil was supplied.
On the wind, Defendant A was unable to be supplied with oil, and Defendant B suggested that “If F is attempted to purchase oil after the vehicle, it would be the time to obtain the oil price from the vehicle and thereby compensate for the oil price in question.”
Accordingly, Defendant B accepted the above proposal because it is responsible for introducing I.