사기
The judgment of the court below (including the portion not guilty) shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
In this case.
1. Summary of grounds for appeal;
A. Defendant 1) Of the instant facts charged, the Defendant was supplied with ginseng equivalent to the amount indicated in the table 5, 13, and 14 from the victim E on July 8, 2013. However, on the same day, the Defendant paid the ginseng price to the victim E on the same day.
The Defendant did not have been supplied with the victim E-owned ginseng equivalent to the amount indicated in Nos. 13 and 14 of the same Table through H.
B) From among the facts charged in the instant case, the Defendant did not have been supplied with ginseng from the victim H at the time of the instant case, the Defendant committed fraud against the victim H on August 21, 2013 by deceiving the victim H on August 21, 2013 and received KRW 15 million from the Defendant on August 21, 2013.
2) The sentence of unfair sentencing (one year and six months of imprisonment) of the court below is too unreasonable. (b) The prosecutor misjudgment 1) of the facts charged in the instant case, which was obtained by deceitation of ginseng equivalent to the amount stated in the [Attachment 12] No. 12 of the ginseng transaction statement against the victim E, and the defendant was supplied with ginseng equivalent to the amount stated in the victim E on September 4, 2013. Since he did not raise any objection at the time of settlement with the victim E, the court below found the defendant not guilty of this part of the facts charged in the instant case. (b) The court below erred in the misapprehension of the judgment, which affected the conclusion of the judgment, by misunderstanding the fact that the defendant obtained ginseng equivalent to the above amount by deceiving the victim E, thereby affecting the conclusion of the judgment. (b) The court below prepared the fraud of the victim H due to deceitation of ginseng equivalent to the market price of 49,118,000 won and issued by the victim J, the receipt of the victim H, the delivery of the ginseng and the statement by the defendant.