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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding the defendant tried to independently operate the K Elementary Sports Center with the knowledge that it was public notice of the entrusted operation of the K Elementary School Sports Center. However, as the performance of similar type of business operation is a condition of successful bid, theO acquired the right to operate with theO entrusted with the operation of an elementary school sports center on behalf of the defendant, and entered into a verbal contract with the defendant to receive a certain fee and receive a certain fee from the victim I to raise investment money.
In other words, since the defendant has remitted money from the I to J with the belief of theO, there was no intention to obtain fraud against the victim I.
B. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. The intent of deception by deception as an intentional act of deception in a judgment of mistake of facts shall be determined by taking full account of the objective circumstances such as the defendant’s financial history before and after the crime, the environment, the contents of the crime, the process of transaction, and the relationship with the victim, unless the defendant makes a confession.
(see, e.g., Supreme Court Decision 95Do3034, Mar. 26, 1996). Comprehensively considering the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below can fully recognize the fact that the defendant deceivings I as a criminal intent by deception.
① On July 27, 2011, the Defendant received a total of KRW 296 million from I, and remitted KRW 290 million to J on the same day.
[Investigation Records 83 pages, the Defendant, even on June 17, 201, remitted KRW 20 million to J prior to I’s receipt of the said money from J, and the sum of the money remitted by the Defendant to J is KRW 310,000,000 (Investigation Records 298, however, the Seoul Northern District Court 2012Gahap2754 case, which was raised against J by the Defendant, was KRW 160,000,000.