사기미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal by the defendant;
A. The statement by the victim of mistake of facts or misapprehension of legal principles is reversed from KRW 20 million to KRW 125 million, and it goes against common sense to additionally invest KRW 25 million in the absence of compensation for KRW 100 million, and the victim stated that a bill of exchange with a face value of KRW 97 million issued by K Co., Ltd. (hereinafter “K”) is a bill of exchange with the bill of exchange issued by N Co., Ltd. (hereinafter “N”), but the court, the real representative of the N Co., Ltd. (hereinafter “N”), stated that the said bill was used in exchange for the bill of exchange with the bill of exchange with the bill of exchange issued by N. (hereinafter “N”), while the victim remitted KRW 100 million to K under the name of K, the defendant transferred KRW 30 million to the personal account of the victim, it is difficult to view the above KRW 300 million as an investment in the above KRW 100 million.
Rather, under the Defendant’s initiative, the victim lent KRW 100 million to L (hereinafter “L”). The Defendant re- loaned KRW 100 million to L and used it directly to the victim, and the above KRW 300 million was lent to the Defendant regardless of the above KRW 100 million. Thus, the Defendant has a loan claim amounting to KRW 300 million against the victim.
Even if the above KRW 300 million was paid to the victim's investment proceeds in the amount of KRW 100 million, the Defendant recognized the above KRW 300 million as a loan claim, and thus, the Defendant did not have the intent to obtain the loan, and did not know that the above KRW 300 million was nonexistent, applied for a payment order to G.
or in collusion with G, there is no filing an application for a payment order.
Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous in the misapprehension of legal principles.
B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
2. We examine ex officio the determination.
The judgment of the court below.