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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment with prison labor for fraud listed in [Attachment] Nos. 1 through 47.
Reasons
1. Summary of grounds for appeal;
A. Of the facts charged in the instant case of mistake of facts, the lower court erred by misapprehending the fact and thereby convicted this part of the facts charged, inasmuch as the Defendant did not have the intent to commit the crime of defraudation of the victim K.
B. The lower court’s sentence of unreasonable sentencing (attached Form 1 to 47) (one year of imprisonment and one year of imprisonment for fraud listed in the annexed Table No. 48 to 97) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, the defendant was not the head of a social welfare foundation E business entity at the time of preventing the victim K from committing this part of the fraud, and the defendant did not have any intent or ability to request the chairperson of the social welfare foundation EF and the chairperson of the regional headquarters of the G organization H to receive the service order. Nevertheless, the defendant, who is the victim K, may enter into a private contract with the headquarters of the social welfare foundation E, which belongs to the J organization, for the following reasons: (a) to change operating expenses; (b) to the extent that the defendant could enter into a private contract with the victim K, such as combatation, etc.; or (c) to collect the operating funds of the factory by free contract for military supplies and receiving the fees for a loan against security, thereby deceiving
Therefore, the defendant's assertion of mistake is without merit.
B. In light of the fact that the instant crime on the assertion of unfair sentencing is not less complicated in light of the details and content of the instant crime, the frequency of the crime, and the period of the crime, etc., and that the Defendant was sentenced to a fine three times on July 25, 2008, in addition to the punishment of the imprisonment with prison labor for June 25, 2008, which was sentenced to a two-year suspension of execution on July 25, 2008, and that considerable portion of the instant crime was committed during the suspended execution period
However, the defendant is at the court below.