사기등
1. The judgment below is reversed.
2. A. The defendant shall be punished by imprisonment for not less than four years and six months.
(b)be seized;
misunderstanding the substance of the grounds for appeal and misunderstanding of the legal principles: The prosecutor (the fraud against F.F.), on December 2, 2007, by deceiving the victims as if the defendant could supply the closed voltage by making use of the different military E business office between the O and the network P on the basis of the date in the name of the defendant, and conspired to acquire the proceeds from the victims by deceiving the representative director of the victim F.F. (hereinafter referred to as the "F") to the same purport, and by deceiving the AK of the victim F.F. (hereinafter referred to as the "F."), and the defendant took part of the amount of the money obtained by deception.
Nevertheless, the judgment of the court below which acquitted the defendant as to the facts charged in this case is erroneous in the misunderstanding of facts and legal principles.
Sentencing : The punishment sentenced by the lower court by the Defendant and the Prosecutor (limited to four years of imprisonment, confiscation, and destruction) is too unreasonable.
The punishment sentenced by the court below by the public prosecutor is too uneasible.
The Prosecutor’s assertion of misunderstanding the facts and misapprehension of the legal principles as to this part of the facts charged is based on the following points: Defendant,O, and the network P were the representative director of Q Q (hereinafter “ Q”) established for the purpose of the supplementary business related to the pulmonary voltage, etc., even though it was impossible to receive a license for the designated interim waste treatment business because the designated interim waste treatment business could not be stored or transported due to the lack of a license; thus, even if there was no fact that the Defendant,O, and the network P did not enter into a contract to receive a supply of the pulmonary voltage, the office of the different Gun Police Association E was located in the office of the Gun Council with the exception of the pulmonary voltage on December 207, 207.
O used the network P and the defendant who became aware of the foregoing E business office as the head of the above E business office together with the other E business office in Seoul J, and conspired to deceive the victims of the above E business office as if they could supply a closed voltage on the ground of the above E business office.