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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Reasons for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. In full view of the fact-misunderstanding and misunderstanding of the legal principles (crime 1) that when the Defendant received the payment of construction cost, the victim paid a considerable amount of additional money and completed construction work, the Defendant was urged by failing to perform construction work at the time when the Defendant received the construction cost at several places, and the Defendant carried out a considerable portion of construction work at his own expense, and the Defendant did not pay the price to the above A, it can be sufficiently recognized that there was a criminal intent to defraud the Defendant. At least five million won that the Defendant received from the injured party as the price for fire-fighting systems around December 15, 2014 and five million won that received as the price for the fire-fighting systems around December 19, 2014, since the Defendant did not pay the above payment to the fire-fighting system enterprise or did not do so, it is sufficiently recognized that the fraud for the above portion was committed.
2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.
2. Determination
A. As to the prosecutor’s assertion of misunderstanding the facts and misapprehension of the legal principles, the summary of this part of the facts charged is as follows: (a) on November 2014, the Defendant: (b) on the part of the Defendant: (c) on the part of the Defendant: (a) on the part of the Defendant, on the part of the Defendant, posted a letter on the part of the Victim C to find a person who will proceed with the Doctrine design construction on the Internet car page; and (b) contact the victim; and (c) on the part of December 2014, the Defendant completed
From the first floor of the building AB in Seocho-gu Seoul Metropolitan Government on November 2014, 201, a contract was concluded with the victim for the total amount of KRW 28 million.
However, the facts are that the defendant did not operate the human test company, and because he was in a state of bad credit standing, and therefore the defendant is the victim.