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The defendant's appeal is dismissed.
Reasons
1. misunderstanding of the gist of the grounds for appeal (the defendant was supplied with the original body by the victim and delivered it to I and J, but failed to pay the original body price to the victim because he did not receive the payment from them, and there was no intention to commit fraud, and unfair sentencing) and unjust sentencing
2. The judgment of this Court
A. Examining the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts in light of the following circumstances and the evidence duly adopted and investigated by the court below, the judgment of the court below that recognized that the defendant, even if the defendant was supplied with the original team, did not have an intention or ability to pay the price normally, by deceiving the victim and obtained the original group of KRW 335,025,030 (hereinafter “the second original group”) in total, by deceiving the victim, was acceptable, and there is no illegality that affected the conclusion of the judgment by misunderstanding the facts
Therefore, the defendant's argument disputing this cannot be accepted.
1) From July 3, 2012 to July 20, 2012, the Defendant received the second main body from the victim, and paid the said amount by the end of August 2012. The Defendant stated to the effect that he/she was intending to pay the said amount as the original unit payment that he/she would receive from “I”, and the Defendant, from April 4, 2012 to May 30, 2012, paid the said amount by June 30, 2012.
The Defendant stated to the effect that, as “I” supplied by the Defendant with the first original body was not given payment, the Defendant paid part of the first original body to the victim by June 15, 2012 with the money borrowed from the wife and the mother.
3. However, in light of each of the above statements and the progress of the implementation thereof, the possibility that “I” would pay the first original payment to the Defendant until the end of August 2012, which is the payment date of the second original group, was rare, and the Defendant.