사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. According to the evidence duly adopted and examined by the court below, the summary of the grounds for appeal (misunderstanding of the facts) is sufficiently recognized that the defendant deceivings the victims, thereby deceiving USD 494,990.
2. Determination
A. The summary of the facts charged in the instant case is to sell the victim E (E; hereinafter “E”) who was requested by the company called Q from the Defendant’s house located at the Government of the Republic of Korea around August 2010 to vicariously purchase the use of the use machinery for the use of the use of the use machinery for the use of the use of the use machinery for the use of the use of the use of the use of the use machinery for the use of the use of the use of the use of the use machinery for the use of the use of the use of the use of the use of the use machinery for the use of the use of the use of the use of the use of the use of
“Falsely speaking,” and sent the text and the photograph of the said machine to the e-mail of the victimized party as if they were sold.
However, the defendant did not have the intent or ability to sell the above machinery, and it was thought that the market price of the machinery was merely US$400 to US$500 after receiving the purchase price from the injured party, and that it would be viewed as a "multi-verversive ridge".
On September 8, 2010, the Defendant received USD 8,400 (in exchange conversion amount: USD 9,357,600, USD 1 =114 won) from the injured party to the foreign exchange bank account in the name of “F” operated by the Defendant under the name of “F” as the price for the above textile machines.
From that time until December 11, 2010, the Defendant received US$ 494,900 (Korean conversion amount: 551,418,600) in total, 22 times from the victims, by deceiving the said victim, the victim G (hereinafter “G”) and the victim H (hereinafter “H”) in the same manner as indicated in the list of crimes in the attached Form.
Accordingly, the defendant deceivings victims to acquire financial benefits.
B. The lower court’s judgment: (a) the respective police statements made to E, G, and H; (b) the third police interrogation protocol for the Defendant; (c) the respective facsimile statements made to E, G; and J; (d) the respective facsimile statements made to I; and (e) the statement made to I (e-mail); and (e) the statement made to I.