사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
1. Summary of grounds for appeal;
A. The Defendant did not deceiving E, D, orO, used money as investment money as intended, and did not have any intention to defraudation.
Therefore, the judgment of the court below that recognized fraud as to this part of the facts charged is erroneous in misconception of facts or misapprehension of legal principles.
B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, and the defendant's statement in the prosecutor's protocol of suspect interrogation as of January 9, 2013 against the defendant, such as the defendant's statement in the prosecutor's office as of January 9, 2013, when investing money on the ground of the fund company that does not exist in the victim E, D, orO, he/she would pay profits, and he/she received money from each of the above KRW 70 million, 200,000,000, and 50,000 won, and then he/she could sufficiently be recognized that each of the above money was used for the payment of insurance premiums
B. The total amount of fraud of each of the instant frauds in the judgment on the assertion of unfair sentencing reaches KRW 200 million, and among them, the amount of unrefised damage is significant, the defendant recognized the crime in an investigative agency and stated in detail about the use of the deceptive part and the amount of deception, and even though the facts charged was recognized on the first day of the trial in the original court, the original court reversed it thereafter, and denied the deception or deception against some victims who suffered a total of KRW 150 million up to now, and it does not seem to be against the mistake, and the defendant is recognized as having a history of being sentenced to the suspension of the execution of imprisonment or a fine for the same crime, but it is certain to the victim E, D, andO.