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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts of the defendant and improper sentencing);
A. The defendant misunderstanding the facts did not intend to acquire money from the victim as stated in the facts charged of this case to I. The defendant did not intend to acquire money from the victim as the victim of this case.
B. Sentencing unfair criminal defendant tried to operate a company in good faith through the expansion and operation of patent rights and law firms, etc., and it is merely difficult to repay the company due to the lack of substantial results according to the judgment of management. Therefore, it is necessary to take this into account. The punishment sentenced by the court below (two years of suspended execution in one year of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances, the lower court’s judgment as to the assertion of mistake of facts and the evidence duly admitted and investigated by the court below and the court below, there was an intentional acquisition by deception of the Defendant regarding the Defendant’s use of money or capacity to repay money as stated in the judgment below.
It is reasonable to view it.
(1) The victim, as stated in the facts charged consistently in the judgment of the court below and the prosecutor's office, and the court below consistently, has received money from the defendant or paid money in cash.
statement is made.
② In light of the transaction details of the Defendant Company’s account deposited by the victim, most of the KRW 122,600,000, which the Defendant received from the injured party, as stated in the facts charged, appears to have been used for the Defendant’s operating expenses or for the Defendant’s personal purpose. However, the amount used in relation to the production of the setting cannot be confirmed.
Although a judgment of conviction was rendered against the Defendant of Part I on the crime of fraud, etc., it was found that the sum of the acquired amount was 4,6790,000 won during the period from October 30, 2012 to December 12, 2014, and that it was around January 20, 2014 corresponding to the period of the instant crime.