beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. From among the visual materials of this case of mistake of facts, the lower court erred by calculating the amount of damage on the basis of the price of the new goods claimed by the victim during the purchase from the Defendant, even though the Round, the car belt, and the Losch Rexroth is used goods.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Regarding the assertion of mistake of facts, the victim asserts that the total amount of KRW 159 million is KRW 97 million, and the defendant claims that the total amount of damages caused by the crime of this case is KRW 97 million, and the crime of fraud is established by deceiving another person and acquiring property or pecuniary benefits from the defective intent arising therefrom. The essence of the crime of fraud is to acquire property or pecuniary benefits from deception, thereby infringing on the other party's property. Thus, it does not require that the other party actually suffers property damage (see Supreme Court Decision 2003Do4914, Dec. 26, 2003). It does not require that the other party actually suffers property damage (see Supreme Court en banc Decision 2005Do7288, Apr. 19, 207). It is merely an element of sentencing to be considered in calculating the actual damages suffered by the victims, and it is not reasonable to consider the defendant's argument that the crime of fraud affects the general fraud of this case, and it is not reasonable to consider the defendant's argument that the crime of fraud is established.
B. As to the assertion on unfair sentencing, the instant case was issued by the victim with six visual points in the instant case under the pretext of exchange, repair, exchange with other products, sale, etc. of the victim, and some visibilitys are sold, and some visibilitys are secured at the consignment store.