특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendant (misunderstanding the fact as to the acquisition of water by the chief of the office) was unaware of the fact that the transit of this case was the stolen goods, and there was no negligence in the process of acquiring the transit.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.
B. Prosecutor 1) misunderstanding of the facts or misunderstanding of the legal principles [the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)], according to the evidence submitted by the prosecutor, although the defendant could sufficiently be recognized that he did not have any ability or intent to maintain the contract of credit card member stores, the court below acquitted the defendant of this part of the charges
2) Since it is found that the Defendant was guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the charges of sentencing unfair, the sentence (two years of suspended execution in August) imposed by the lower court is too uneasible.
2. Determination as to the assertion of misunderstanding of facts or misapprehension of legal principles by both parties
A. The following circumstances acknowledged by the court below on the Defendant’s assertion of mistake as to the Defendant’s acquisition of water from the head of the office in charge of the business, which were duly adopted and investigated by the court below, i.e., the Defendant’s sales team D, a petroleum supplier, did not engage in any transit transaction other than the instant transit transaction; ② the Defendant purchased a large amount of more than KRW 470,000 via 470,000,000,000,000,000,000 won between the month and the month; ② the amount of the transaction or transaction method, such as payment of cash in a shopping bag or transfer of cash to D or a third party’s personal account; ③ the Defendant purchased the transit which is strictly controlled by the distribution process from D, rather than a petroleum retailer; ④ in the police investigation, the Defendant purchased the transit of this case from D, and its source.