사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
As to the summary of the grounds for appeal, the lower court notified the victim E that the said money was used for the operating fund for the high flagpoles and other necessary expenses at the time of receiving money from the victim E as a fund for slaughter with respect to the Defendant’s misunderstanding of the facts or misunderstanding of the legal doctrine (as to the guilty portion), there was no intention of deception.
With respect to the second 2207 order, it is difficult to recognize the credibility of the victim's statement in the case of the facts charged in [Attachment 1, 11, 16] among the facts charged by fraud, such as borrowing money, etc., and there is no other evidence supporting this part of the facts charged.
In the case of fraud due to the payment of the construction cost, the victim's damage to the F's human test construction is not for the purpose of receiving the human test construction cost, but for the victim's contribution to the F's equity investment in the above F's restaurant by performing the human test construction work, and there was no deception of the victim by the defendant.
The punishment sentenced by the court below to the defendant (two years of imprisonment) is too unreasonable.
The judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous in the misunderstanding of the facts of the prosecutor, or in the misunderstanding of the legal principles (with respect to the portion of the crime without fault), even if the credibility of the victim's statement and the attached list of crimes
The above sentence that the court below committed against the defendant is too unhurd and unfair.
Judgment
Comprehensively taking account of the following circumstances and facts admitted by the lower court based on the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of misunderstanding the facts as to 2017 high group 864, the Defendant attempted to use the money as debt repayment and living expenses, etc. even if he/she received money from the injured party as investment funds in slaughter, and even if he/she did not have the intent or ability to make the injured party obtain profits by operating the slaughter business with the investment funds.