사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six years.
1. The lower court found the Defendant not guilty on the ground that there was no proof of crime regarding the fraud of C among the facts charged in the instant case, and convicted the remainder of the facts charged.
Accordingly, the prosecutor appealed only the portion as indicated in the No. 1, 2, 15, and 22 of the attached list of crimes among the parts not guilty as above, and the part as listed in the annexed list Nos. 3 through 14, which are a general crime relation with the above-mentioned verdict, was exempted from the list of crimes among the parties, and thus, the judgment of the court below is not followed and judged again.
2. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts as to the fraud against the victim P among the facts charged in the instant case, the Defendant did not have any intent to acquire by deception because he had the authority to actually dispose of the said slaughterhouse at the time of concluding a contract to sell the said slaughterhouse, and ② in relation to the forgery of private documents in the name of AD and the use of the above investigation document, at the time of preparing the document in the name of U representative director AD, AD was merely a representative director in the form, and was actually operated by the said company was the Defendant, and therefore, there was no intention to commit a crime under Article 1 of the document. Therefore, the lower court convicted each of the above facts charged, which erred by misapprehending the fact that there was no intention to commit a crime under Article 14 of the Act. 2
B. The prosecutor 1) According to the legitimate evidence revealed in the case of mistake of facts, it is sufficient to recognize the facts charged in the fraud listed in the annexed Table Nos. 1, 2, 15, and 22 with respect to C. Thus, the lower court erred by misapprehending the facts charged. The lower court’s judgment that acquitted the above facts charged was erroneous. 2) The above sentence of the lower court is too unreasonable and unfair
3. Determination
A. 1) Determination of the Defendant’s assertion of mistake of facts is based on the facts charged against P (i.e., deception as a requirement for fraud of relevant legal principles).