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The defendant's appeal is dismissed.
[Attachment 6] 9,00,000, written in [Attachment 18] Nos. 18 of the crime sight table of the court below.
Reasons
Summary of Grounds for Appeal
A. The amount that the defendant by mistake of facts received from the victim L is KRW 8.5 million, not KRW 6.5 million.
The Defendant completed the implementation of the part on the interior works (11 million won) among the contracts entered into with the victim BS (the interior works of KRW 11 million, and KRW 5 million for the installation of air conditioners).
The defendant returned KRW 5 million received from the victim's CP upon the victim's request for the cancellation of the victim's CP establishment contract.
The defendant's KRW 9 million received from CK around September 29, 2018 is a clerical error of KRW 900,000.
B. The defendant did not have intention to commit fraud in the misapprehension of the legal principle.
C. The sentence imposed by the lower court (two years and ten months of imprisonment) is too unreasonable.
Judgment on the Grounds for Appeal
A. 1) The judgment of the court below and the court of the trial as to the fraud of the victim L can be recognized by the evidence duly adopted and investigated by the court below. In other words, the victim L transferred the amount of KRW 8.5 million to Q bank account under the name of Q Q designated by the defendant, and the defendant also received KRW 8.5 million from the victim L. According to the victim L's statement, it can be confirmed that the defendant remitted the amount of KRW 8.5 million to the R bank account under the name of Q Q bank account designated by the defendant. According to the victim L's statement, according to the victim L's statement, 8.5 million won was delivered from the victim L. The court below recognized the amount of fraud of the victim L. The court below was just and there was no error of law of misunderstanding as argued by the defendant, and the court below's judgment as to the fraud of the victim BS and the circumstances that the defendant could lawfully adopt and investigate the defendant's statement under the evidence, i.e., the defendant's establishment and the defendant's statement 2. 5.