beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles, Defendant A (hereinafter “A”) who is co-defendant A
(2) The court below convicted the Defendant of the facts charged in this case in spite of the fact that there was no awareness that the authorization or permission applied by the court below was inappropriate or that it did not know the fact of double contract, and that it did not prepare for 60 million won as a joint investor, which was to make an investment as a joint investor, the contract was executed according to the agreement that was not KRW 120 million, but KRW 60 million,000,000,000,000, and such content was notified through L, and thus, the Defendant was not aware of the victim through deception. The court below found the Defendant guilty of the facts charged in this case, and there was an error of law by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.
B. In light of all the circumstances, including the fact that the prosecutor accused actively deceivings the victim, that the defendant deposited KRW 10 million for the victim, and that the damage was not completely recovered, and that there was no agreement with the victim, etc., the sentence (one year of imprisonment with labor) sentenced by the court below is too unreasonable.
2. Determination
A. 1) As to the Defendant’s assertion of mistake of facts, insofar as the Defendant did not make a confession, the crime of defraudation, which is a subjective constituent element of the crime, ought to be determined by comprehensively taking account of the objective circumstances such as the Defendant’s financial history, environment, details and details of the crime before and after the crime, and the process of transaction performance (see Supreme Court Decision 2010Do6659, May 10, 201). 2) According to the evidence duly adopted and investigated by the lower court, the following facts and circumstances can be acknowledged. A) around 209, requested the Defendant to identify the Defendant of KRW 100,00,00 for the annual closing fund, approval cost, etc., and requested the Defendant to find out the person who can invest (B).