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The judgment below
The part of the forfeiture shall be reversed.
The remaining appeal by the defendant is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Sentencing for crimes Nos. 1 and 2 in the judgment of the court below is unfair because the punishment for crimes No. 1 and 2 in the judgment of the court below (the punishment of imprisonment of one year, No. 1 through 4, No. 100,000 won) is too unreasonable.
B. The misunderstanding of facts as to the crimes Nos. 3 and 4 in the holding and the Sentencing : There was no intentional deception.
The punishment for the crimes Nos. 3 and 4 of the judgment of the court below (6 months of imprisonment) is too unreasonable.
2. Judgment on the grounds for appeal by the defendant
A. 1) In the event that the criminal defendant does not make a confession, the intention of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the criminal defendant’s financial history, environment, details of the crime, and the process of performing transactions. The intention is sufficient not to be a conclusive intention but to do so.
In particular, the establishment of fraud through deception in the transaction of goods ought to be determined depending on whether there was an intention to acquire the goods from the damaged person by making a false statement as if the injured person were to pay the goods to the injured person, even though there is no intention or ability to pay the goods to the injured person as at the time of the transaction (see Supreme Court Decision 2008Do11240, Mar. 12, 2009). If a person was unable to perform his/her obligation on the grounds of temporary fund color, etc. in a continuous transaction of goods, if he/she was unable to perform his/her obligation on the grounds of continuous transaction of goods, it cannot be readily concluded that the act of a person who was supplied with the goods was caused by the intention to obtain the goods, but even if he/she had the intention to obtain the goods from the injured person by concealing such fact,
It can be seen (see Supreme Court Decision 2006Do2970, Sept. 22, 2006). Fraud is a crime of fraud by deceiving another person and inducing a dispositive act, thereby receiving property or making profits from property.