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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact misunderstanding 1) The Defendant did not deceiving the representative director F of the victim company as stated in the judgment of the court below, and did not have any intention to commit fraud (1. 2) even if the Defendant did not commit fraud, the Defendant paid 22 million won, which is a part of the service cost, to the victim company, so this part shall be deducted from the amount of fraud (2. 3). Since the instant service contract was converted into the management activity of the corporation C, the criminal liability arising from the said service contract should be attributed not to the Defendant, but to the representative of the corporation (3). (2) The punishment that the court below sentenced the unfair sentencing (2 years of suspended execution in August) is too unreasonable.
2. Determination
A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of facts: (1) The Defendant, as stated in the lower judgment, concluded the instant contract by deceiving F by falsely notifying the representative director F of the victim company F of the cost of services per household of the investigation of the instant service contract as stated in the judgment of the lower court; and (2) obtained by deceiving the financial gains equivalent to KRW 62,85,000 in total of the cost of services for fact-finding surveys; and (3) the intent of defraudation is sufficiently recognized.
Therefore, the defendant's assertion that this part of facts is erroneous is without merit.
A) In full view of the F’s consistent statement in the investigation agency and the court of original instance at H’s investigation agency and the court of original instance, the statement at H’s investigation agency and the court of original instance at the investigation agency, I, J, and K’s investigation agency, mail-type inquiry sheet, judgment text, and service contract submitted by F, the Defendant calculated and paid the service price to F in the instant medicine contract at KRW 6,500 per investigating household (Additional tax separate).
It is recognized that false notice has been given.
(B) ① The Defendant on October 6, 2014, prior to the completion of the instant service performance.