사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor of facts and legal principles, the court below acquitted the Defendant of this part of the facts charged, which is erroneous in the misapprehension of facts and misapprehension of legal principles, even though the Defendant could fully recognize the fact that the Defendant, by deceiving the victim as stated in the facts charged as stated in paragraph 2-A, provided the victim with a siren obtained from H, and acquired the amount equivalent to the secured value, by deceiting the amount equivalent to the secured value.
B. The sentence of the lower court’s improper sentencing is too uneasible.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. The summary of this part of the facts charged is a person who operated a master form and gold processing company under the trade name of Company B (hereinafter “B”) and Company C (hereinafter “C”).
On October 14, 2014, the Defendant obtained a loan of KRW 995 million from the Victim E Bank in the E- Gwangju metropolitan branch office located in Gwangju Mine-gu under the name of “Industrial Operating Funds Loan”. On October 15, 2014, the Defendant, who had been using the C factory located in G around October 15, 2014 as security, received a siren from H (hereinafter “H”).
The term “CNC Plano MCR-A5C,” which is H-owned, means that one machine (hereinafter “the instant machine”) is provided as security to the victim’s employee, as if he/she were his/her own property, and the mortgage was created with the maximum amount of KRW 1.2 billion for 7 machinery and equipment, including the above machinery, as the subject water.
However, in fact, the above machinery received siren from H around March 19, 2013 in the name of the Defendant’s operation, and only after having paid 2,480,000 won (in the case of 1-3 meetings), 11,302,00 won (in the case of 4-48 meetings) over 48 times in total, the ownership is transferred.