Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) Of the facts charged in the instant case of unfair sentencing, the construction amount of the construction contract submitted by the victim as core evidence of mistake of facts or misapprehension of legal principles related to the fraud was altered, and was later written on the date and time limit for payment of down payment, intermediate payment, and late payment. However, the court below erred by misapprehending the facts of the judgment below which found the Defendant guilty of the instant facts charged on a different premise, and by misapprehending the legal principles, which affected the conclusion of the judgment, even though the Defendant was unaware of the victim, such as the Defendant’s financial power of the Defendant, etc. was well known, and the Defendant also concluded the construction contract on credit with the Defendant.
B. Prosecutor 1) Defendant A had been provisionally released at the time of committing the instant fraud, the nature of the crime committed by the Defendant was poor, and the victim was unable to recover damage, and the quality of the crime committed by the Special Act on the Prevention of Insurance Fraud was also poor, etc., the lower court’s punishment is too uneasible and unfair. 2) In light of the following: (a) Defendant B was committed the instant crime during the period of repeated offense; (b) Defendant B did not have to have any satisfy, and (c) was highly likely to commit the instant crime during the period of repeated offense, the lower court’s punishment (fine 15 million won) is deemed unreasonable.
2. Judgment on the grounds for appeal by Defendant A’s mistake of facts or misapprehension of legal principles
A. The summary of the facts charged is as follows: “D” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seowon-si around December 1, 2017.