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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant: (a) introduced the victim D through C to introduce E and F to the victim D who became aware of the fact; (b) was seeking to purchase Samsung E and E; and (c) did not mean that KRW 100 million for the net inspection of Samsung E and E is necessary.
In addition, a person who receives a 100 million won check from the actual victim is not the defendant but the F.
The court below held that the defendant conspireds with the defendant and C deceiving the victim, and the defendant received a 100 million won check from the victim and received the check in front of him.
In recognition of facts, the lower court found the Defendant guilty of the facts charged.
B. The punishment sentenced by the court below is too heavy.
2. Determination
A. Comprehensively taking account of the evidence duly admitted after examining the evidence duly admitted as to the assertion of mistake of facts, the following facts can be revealed.
The victim is expected to supply Samsung E&M in large volume if the net level is high by taking the pelds closely hidden from the warehouse because it entered a large amount of gold into the Samsung E’s electronic equipment.
In order to take off the locked in the warehouse, it shall be secured as private funds, and the victim shall use 100 million won as security if he/she takes it out.
If a large volume of transactions have been made thereafter, it will be paid for it.
“Around July 13, 2007, after hearing the horses to the purport, 100 million won was placed in the front of the 100 million won, and went to the underground multilateral bank located in the Eunpyeong-gu Seoul Metropolitan Government Bundong.
At the same time, F has three dubs (1kg), and E, C, and the defendant were also victims.
The defendant was seated on a different table, where he was accompanied by the victim, from the underground multilateral bank.
E/F sent them to E/F, and sent them to the table with the victim, and F showed three the peldles that it had to the victim.
Since then, the victim delivered the check to the defendant through C in his front of KRW 100 million.