사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant only used the corporate card with the F’s permission and did not receive the corporate card by deceiving G, and the judgment of the court below which found the Defendant guilty of the facts charged in this case was erroneous in misunderstanding of facts, and that the sentence (six months of imprisonment) of the court below is too unreasonable.
2. Determination
A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts: (i) the representative director E, the victim E, stated that the Defendant had no permission from the investigative agency to use the corporate card of this case; (ii) the Defendant’s total use of the corporate card of this case, which is KRW 10 million or KRW 20 million, is difficult to easily understand; and (iii) the Defendant used the corporate card of this case for about eight months, which was approximately eight months, did not have the Defendant’s contract acceptance performance; (iv) the corporate card of this case was used mainly for the Defendant’s personal purpose, such as the payment of cell phone costs and private meetings expenses; and (v) the amount was KRW 34 million,00,000,000 and exceeds a considerable degree, it is reasonable to view that the F did not allow the Defendant to continue to use the corporate card of this case, without permission from GF, if the Defendant knew of the use of the corporate card of this case.
Therefore, this part of the defendant's argument is without merit.
B. As to the assertion of unfair sentencing, the Defendant’s age and health is not good, and the Defendant’s previous convictions are one time, but the Defendant’s previous convictions are more favorable to the Defendant.
However, the defendant does not seem to deny and reflect the crime of this case, and the amount of fraud is 3,400.