Text
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
The sentence against the accused shall be KRW 10,000,000.
Reasons
Summary of Grounds for Appeal
A. Although the defendant did not have the intention to commit the crime of deception at the time of ordering the instant household, the court below erred in misunderstanding of facts and misunderstanding of legal principles as to the crime of fraud.
B. The Prosecutor’s sentence of the lower court (a fine of five million won) is too unhued and unreasonable.
Judgment
A. On March 18, 2013, the summary of the facts charged is that the Defendant called 1701, Seo-gu Etel 1701, and that “on the face of delivery of office households, such as books, to the above officetel, the price shall be paid by credit card or cash.” However, in light of the fact that the Defendant has no fixed income and has been supplied with approximately KRW 100,000 to the financial institution, the Defendant did not have the intent or ability to pay the said price even if he was supplied with books and other office households from the victim. The Defendant, by deceiving the victim through the above F, did not have any intention or ability to pay the said price in light of the fact that the Defendant would have been using the above F, and at least KRW 11,026,50 at the time of borrowing KRW 14,74,70 on March 29, 2013, at least KRW 10,000, KRW 14,000 on the market price of GM 28.4,208.