사기
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
Defendant shall be punished by imprisonment.
misunderstanding the legal reasoning of the appeal by the defense counsel and misunderstanding the legal principles, the Defendant invested KRW 250,00,000 in G and F, respectively, with G and the victim F, and the Defendant entered into an agreement with the promotion savings bank to purchase collateral bonds with respect to the share of the site of the Dong-gu Etel in Ansan-si, Ansan-si, Ansan-si, the promotion savings bank entered into a business agreement with the owner of voluntary auction or division, and received KRW 100,000,000, which is part of the investment money from F in accordance with the said agreement.
The above collateral security interest claim held by the Promotion Savings Bank was not a claim impossible to purchase, and the Defendant did not call that F would return the principal to F within three months from the date of receipt of KRW 100,000,000, or would make it possible to purchase the said officetel with two to three months from the date of receipt of the delivery of KRW 100,000.
F has invested only KRW 100,000,000 out of the total amount of KRW 250,000,000 as stipulated in the above business agreement, and G would raise more funds using the above KRW 100,000,000.
The F gave the said money to G with the consent of the F, and there was no intention to use the said money for any purpose other than the purchase of the right to collateral security.
Therefore, even though the Defendant did not deceiving F as stated in the facts charged, and did not have had the intent to defraud it, the lower court found the Defendant guilty of the facts charged of this case on the grounds of the F’s statement without credibility, etc., thereby misunderstanding the facts and misunderstanding the legal principles on the intention of defraudation in fraud, thereby adversely affecting
In light of the fact that the defendant raises three children living alone, the relationship between the defendant and the victim, the amount of damage and the purpose of use, etc., the sentence of the court below that sentenced one year of imprisonment is too unreasonable.