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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant misunderstanding the fact that the victim M who operates NM shows his/her photo and has his/her employee work as an employee.
There is no fraudulent fact.
B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged in accordance with the judgment of the court below and the evidence duly adopted and examined by the court below as to the Defendant’s assertion of mistake of facts, the Defendant is playing badly for the victim.
I would like to introduce 8 million won in advance to work in Nda if you want to do so.
It may be recognized that 8 million won has been acquired by fraud.
Therefore, the defendant's assertion of facts is without merit.
① The victim consistently shows a female photograph stored in a mobile phone from the time when the complaint was filed to the court of the court below, and “A woman’s words are bad.”
I would like to introduce 8 million won in advance to work in Nda if you want to do so.
“In other words, she received KRW 8 million in advance through C and received KRW 8 million in advance
was stated.
The statements of victims are specific and consistent in terms of the timing of deception, the contents and methods of deception, etc.
2. The injured party, why is why the above female will not leave after the middle and the defendant was asked to the defendant, and the defendant, "(here the female's son's son's son's son's son's son's son's son's son's son's son'
“The answer was made.”
The statement contains detailed matters that can not be known without direct experience, and thus, it is difficult to find out the circumstances where the false matters will be changed.
3. If the defendant, as alleged by the defendant, had the victim deceptioned C and remitted the advance payment to C, he shall be aware of the personal information and the account number, etc.