특정경제범죄가중처벌등에관한법률위반(사기)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., in a case where the Defendant had not recruited the crime of this case with the co-defendant B, C (hereinafter “B”), and the Defendant had not recruited the crime of this case in advance, the lower court erred by misapprehending the legal principles as to the sentencing conditions.
Therefore, the sentencing of the court below is too unreasonable.
2. Determination
A. First, we examine the argument that there is a mistake of facts about the sentencing conditions of the defendant.
The following facts acknowledged by the evidence duly examined and adopted by the court below, namely, C, under the direction of the defendant, instructed B to deposit down payment and intermediate payment to the account of the company of this case (Evidence No. 289 pages), and B, also, the investigation agency, reported each parcel of this case where C is at the location where the defendant received a prior report on the sale of the company of this case and the fund execution work and notified C to the defendant, and the defendant sent the report to the defendant, "The defendant again sold each parcel of this case to another person, use the down payment and intermediate payment to use it as other cancellation money with the account of the company of this case." (Evidence No. 2, No. 354, 356 pages), and the defendant accepted the above order from B to B at the investigation agency, and then acknowledged the remainder of the parcel of this case as the actual intermediate payment of this case at the expense of the police association of this case and ordered C to use it at the expense of the victim of this case (No. 400 billion won.).