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The judgment below
The guilty part (including the part not guilty) shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. Summary of grounds for appeal;
A. The sentence of imprisonment (three years of imprisonment) imposed on the Defendant by the lower court is excessively unreasonable.
(B) The defendant explicitly withdraws his assertion of mistake of facts on the fourth trial of the trial.
1) A prosecutor misjudgment 1) The victim E made a statement to the effect that it was consistent from the investigative agency to the court of the court below to transfer money of KRW 27.8 million to the defendant under the name of mechanical proceeds. On the contrary, although the defendant made a statement that he was not aware of the money remitted to the account in Q Q’s name, he did not have credibility in his statement, and the defendant fraudulently acquired money of KRW 27.8 million under the name of mechanical proceeds because he did not have credibility, but the court below acquitted the defendant on the remittance of KRW 13 million out of this part of the facts charged, thereby affecting the conclusion of the judgment.
B) In light of the fact that, although there is more credibility to the purport that, considering the fact that, on June 12, 2009, the defraudedation by the police from the AG and the statement that, as of June 12, 2009, it appears that, in the police, it would be for the Defendant to believe the Defendant’s repayment commitment and to make a statement favorable to the Defendant, E is subject to deception from the Defendant who submitted to the prosecution, the lower court acquitted the Defendant of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. Judgment on the Prosecutor’s misunderstanding of facts 1) Summary of the facts charged is as follows: (a) The Defendant is guilty of the crime at the time of original adjudication.
As stated in paragraph (1), deceiving victim E and its equipment was transferred from the victim as the passbook in the name of Q to the head of Q on December 18, 2008, and KRW 3 million on December 21, 2008 and KRW 10 million on December 21, 2008 as the remainder for machinery.
B. On the judgment of the court below