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The judgment below
The part of each fraud in the 2015 order 5011, 2016 order 532, 1915, and 2887 order is reversed.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding misunderstanding (2015 Highest 4540) The Defendant (2015 Highest 4540) attempted to take over and manage E private letter and perform artificial construction, but only discontinued due to business failure, failure to pay public charges, etc., and did not receive money by deceiving the victims from the beginning to the criminal intent of defraudation.
B. The sentence that the lower court rendered unfair sentencing (one year and eight months in imprisonment with prison labor for each of the crimes of fraud in the 2015 Highest 4540 cases, the first half of 2015 Highest 501, the second half of 2015 Highest 501, the second half of 5016 Highest 532, the first half of 1915, and the second half of 287) is too unreasonable.
2. Determination
A. In full view of the circumstances, such as the reasoning of the lower judgment acknowledged by the evidence duly admitted and investigated, the lower court determined that, even if the Defendant received the lease deposit from the victims, the Defendant was not able to normally engage in the business as agreed upon, and the Defendant was unable to properly return the lease deposit to the victims if the time of opening the private house was considerably delayed due to the circumstances of the Defendant, or the Defendant was unable to operate the private house due to the impossibility of operating the private house. However, even though recognizing the fact that the Defendant received money from the victims under the name of the victims by deceiving the victims, the lower court recognized the criminal intent of defraudation.
A thorough examination of records reveals that the court below's decision of guilty of the facts charged of this case is just and acceptable for the reasons indicated in its holding, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant.
It does not seem that it does not appear.
B. 1) Each Defendant of fraud in the 2015 Highest 4540 case of the 2015 Highest 2015 Highest 4540 case’s holding that each Defendant would be able to operate a letter, store, or masher within the country.
Since deceiving and deceiving nine to 250 million won, it is good to commit the crime.