사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1) Fact-finding that the Defendant did not apply for the permission to extract aggregate, but this is due to the victim's failure to provide a corporation with the conditions for the application for the permission to extract aggregate, so even though the Defendant did not have the intent to deceive or defraud the Defendant, the lower court found the Defendant guilty of the facts charged in this case. The lower court erred by misapprehending the facts.
2) The lower court’s improper sentencing is too unreasonable.
B. The lower court’s sentencing is too uncomfortable.
2. Determination
A. The following circumstances, i.e., the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s assertion, such as the mistake of the facts, are comprehensively admitted: ① The victim, from the investigation agency to the court of the lower court, is preparing for obtaining a sand gathering permit, such as land use consent, design drawings, access roads, resolution of civil petitions, etc. at the time of entering into the partnership business contract, and the cost of removing sand is required.
The phrase "a permit may be obtained if only KRW 150 million has been paid, for one week, and sufficient, if one month is sufficient," and the victim consistently stated that "the defendant would be able to obtain a permit for the extraction of sand and invested KRW 150 million to the defendant." The defendant and the injured party stated that "the defendant shall take out all sand stored within one week after receiving KRW 150 million from the injured party of this case, receive a permit for the extraction of aggregate, and obtain a permit for the extraction of aggregate within one month from the date of receipt." < Amended by Presidential Decree No. 20347, Feb. 9, 2008; Presidential Decree No. 20350, Feb. 10, 2008; Presidential Decree No. 20651, Feb. 10, 2008; Presidential Decree No. 2010, Feb. 3, 2006>