사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Of the facts charged in this case, 26 million won was dated June 29, 2009.
1. Grounds for appeal (the factual error and the unreasonable sentencing)
A. The defendant alleged a mistake of facts that the defendant prepared a 60 million won loan certificate to the victim. However, among them, 34 million won was paid by the victim and used all for the establishment of the subordinate sales organization of the victim. The remaining 26 million won was the amount paid by the victim by his card to raise the sales performance of his subordinate sales, which is for the benefit of the victim. This is all for the benefit of the victim, and because the company was leading to a rise in finium, if the company did not close its business, the defendant had the ability to pay 10 million won, such as payment of 10 million won, and there was an intention to repay. Thus, the defendant did not mislead the victim.
B. The Defendant asserts that the lower court’s imprisonment (eight months of imprisonment) declared by the Defendant is too unreasonable.
2. Determination
A. According to the following facts and circumstances acknowledged by the lower court’s duly adopted and investigated evidence, the lower court’s judgment on the charge of fraud of KRW 34 million can be acknowledged that the Defendant had no ability to repay or intent to repay, and in such a situation, the Defendant deceiving the victim’s intent to repay and his/her ability to repay, thereby defrauding the victim of KRW 34 million. Therefore, this part of the facts charged is found guilty.
① On June 2009, the victim was a business operator of D Co., Ltd. (hereinafter referred to as D only), a multi-level business chain (hereinafter referred to as “D”), and the victim was introduced by M around the 22th day of the same month.
② On June 22, 2009, the Defendant stated that “AB apartment No. 2, Dong 705, Dong 2, Dong 705, Seo-gu, Seo-gu, AB apartment, and one parcel of land,” the Defendant, who was married by his wife, was dead.”
It is necessary to purchase and register B. It is necessary to pay money.