Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the case of fraud against the victim Y by mistake of fact, the Defendant merely received the name of asking the victim to purchase the clothes from the victim, and it does not mean to acquire the money related to the purchase of F lending as in the facts charged.
In the case of the crime of attempted fraud of KRW 23 million against the victimO on November 2014, in the course of committing the crime of attempted fraud against the victim, the Defendant is merely merely a request to lend the registration expenses under the circumstances of deception made by AA. Nevertheless, the lower court erred by misapprehending the facts, thereby convicting the Defendant of this part of the charges.
B. The sentence sentenced by the lower court is too unreasonable.
2. Determination:
A. In full view of the circumstances indicated by the lower court, such as the statement of the victim Y who alleged factual misunderstanding, and text statements given and received between the victim and the Defendant at the time when the victim remitted money to the Defendant, it can be sufficiently recognized that the Defendant acquired 10 million won from the victim Y with regard to the purchase of F lending.
In addition, comprehensively taking account of the evidence duly admitted by the court below, the fact that the defendant, as stated in the court below, has already remitted the cost of transferring the AC real estate to AA and has already brought a criminal complaint to A, could be sufficiently recognized that the defendant attempted to defraud the victim's money to be remitted to A, and that he/she attempted to defraud the victim's money of KRW 23 million in the name of the same cost.
The defendant's assertion of facts cannot be accepted.
B. In the first instance trial, the Defendant agreed with the victim U, V, and K in the sentencing, and there is an agreement with the victimO in the appellate trial.
However, considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence may be deemed unreasonable, even if all of the circumstances alleged by the Defendant were considered.