A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case, the Victim J and K.

A. As to each fraud of the instant case, the lower court convicted the Defendant of this part of the facts charged by misunderstanding the fact that the Defendant received money from the victim J or L or used the victim K’s credit card, but did not acquire money or pecuniary gain by deceiving the victims as stated in the facts charged.

B. The sentence of the lower court’s unfair sentencing (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake as to the fraud against the victim L is based on the evidence duly adopted and investigated by the court below, i.e., the following circumstances acknowledged by the evidence, i.e., (i) there was no economic time for the defendant to bear bonds at the time, etc., and (ii) the defendant is expected to disburse expenses for the performance of the right to demand the payment, but the defendant actively makes false statements, such as "it is necessary for the victim to submit five million won as a result of the occurrence of the fats house, and to provide five million won to the victim," and "if the victim knew that he borrowed money to pay money to the defendant for the performance of the right to demand the payment, it is necessary for the victim to do so," and (iii) if the victim knew that he borrowed money to the defendant for the performance of the right to demand the payment of the above money, the defendant could sufficiently recognize the fact that 2.5 million won is stolen from L by deceiving

나. 피해자 J, M에 대한 각 사기의 점에 관한 사실 오인 주장에 대한 판단 ⑴ 이 부분 공소사실의 요지 ㈎ 피고인은 2015. 4. 30. 주식회사 C 사무실에서 회사 동료인 피해자 J에게 “ 옷 장사를 하고 있는데 옷을 살 돈이 부족하다, 돈을 빌려 주면 수익을 내서 돈을 갚겠다 ”라고 거짓말을 하였다.

However, in fact, the defendant purchased clothes with money borrowed from the injured party, and performs funeral services.