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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The judgment below
Part of acquittal.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.
B. According to the evidence of mistake of facts (the fraud of USD 40,00 among the 2018 Highest 3243), the Defendant: (a) by finding the Defendant’s money out of the money deposited in Indones N Bank; (b) deceiving the Victim C to pay the loan and interest in full; and (c) obtained USD 40,00 from the Victim C in the name of the storage charge to be paid in order to recover the said money. Nevertheless, the lower court erred by misapprehending the legal doctrine on the fraud of USD 40,00 on the ground that it is insufficient to recognize that the Defendant was deceiving the Victim C, and thus, acquitted the Defendant on the fraud of USD 40,00.2) The lower court’s punishment against the Defendant of an unreasonable sentencing
2. Prior to the judgment on the grounds for appeal ex officio, the defendant was sentenced to imprisonment with prison labor for not more than eight months at the Seoul Central District Court on March 20, 2019, and the above judgment became final and conclusive on May 3, 2019.
Since the crime of fraud of this case, which became final and conclusive, is one of the concurrent crimes provided for in the latter part of Article 37 of the Criminal Act, and the punishment for each of the crimes of this case shall be imposed at the same time in consideration of equity in the case of judgement pursuant to the former part of Article 39(1) of the Criminal Act. In this regard, the guilty part of the judgment
However, the prosecutor's assertion of mistake is still subject to the judgment of the court, and the following is examined.
3. Judgment on the assertion of mistake of facts
A. The facts charged (the fraud of US$ 40,00 in 2018Da3243) are charged by the Defendant: (a) the Defendant called the victim C who urged the repayment of the borrowed amount at a non-place on March 2016; and (b) the Defendant deposited USD 25,000,000 in Indones National Bank; (c) the Defendant managed this money by the service company, and (d) the Defendant is obliged to pay the storage fees.
The storage fee shall be KRW 20 million, which is paid in KRW 70 million.