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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Although it is sufficient to find the Defendant guilty of the facts charged in the instant case according to all the evidence, including the statement by the victim of the gist of the grounds for appeal, the lower court erred by misapprehending the facts charged.
2. Summary of the facts charged and the judgment of the court below
A. A. Around April 2012, the summary of the facts charged reveals that C received request from D to introduce and request cooperation companies, such as restaurants, in which C would be expected to accept the dishonor from D, and that C would have the victim F deliver the instant EweS along with the false statement that C would have the victim F deliver it to the said EweS.
At around 15:00 on May 4, 2013, the Defendant made a false statement to the Defendant’s office located in Gangdong-gu Seoul Metropolitan Government, stating, “The Defendant may supply KRW 20 million per 10,000,000 per month to the victim F at the bar of the Defendant’s office, “I will return in full the amount of the introduction if I would return to the Defendant’s office.”
However, it was impossible for D to deliver fruites from May 15, 2013, because D prepared a building owner and a memorandum of understanding about the aforesaid Eweves around April 2013, and did not take over the said weves.
around May 7, 2013, the Defendant received KRW 20 million from the victim to the account under the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim in collusion with C.
B. The lower court determined that: (a) before April 2013, D had been engaged in the preparation work for accepting the instant database; and (b) requested C to introduce a cooperative company necessary for the operation of a wedding hall (However, C asserted that D would have been fluencing around May 15, 2013; and (c) C expressed that D did not so.