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The judgment below
Part concerning each crime of Nos. 2 and 3 of the ruling shall be reversed.
The defendant is the second crime of the judgment of the court below.
Reasons
1. Summary of grounds for appeal;
A. As to the crime No. 2 of the decision of the court below, the Defendant did not have agreed to supply the victim E with the list-based standard tree, and the general standard tree was supplied to KRW 30,00 per share. In fact, the victim supplied the degree of KRW 400 per share, which is the amount equivalent to the purchase price, should be excluded from the purchase price.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
B. The punishment sentenced by the court below (each of the crimes of Nos. 1 and 4 as stated in the judgment of the court below: imprisonment of three months; imprisonment of six months; imprisonment of six months; and imprisonment of three months as stated in the judgment of the court below) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of misunderstanding of facts, the Defendant would supply the victim E with the blick tree and the blick-click-clock tree.
The defendant's above assertion is without merit, since it can be recognized that he has acquired the money of 17 million won by deception.
① In the court of the court below, the victim E has his father who held the degree of 1,000 per cent of the defendant's her father and her father.
In addition, after entering into an agreement to receive KRW 30,000 per share, 17,000 won was remitted to the defendant.
The father of the defendant held approximately KRW 1,500 as 1,50 from the Republic of Korea Forest Service in Pyeongtaek-si area.
was made.
The fact that the Defendant received 300 shares from the general standard tree, and the Defendant made a statement to the effect that the standard tree was damaged as it was inferior, but this was excluded from the contents of the complaint, which made it clear that the scrobl tree trade is separate from the general standard tree trade, and the investigative agency has consistently made a statement to the same effect.
② On the other hand, the Defendant’s “Sastro” in the police.