사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The judgment below rejected the application for compensation by the applicant for compensation, and since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately. Thus, the part of the judgment below dismissing the above application for compensation in the judgment below is excluded from the scope of the
2. Summary of grounds for appeal;
A. Defendant 1 did not borrow 30 million won from the victim U, but only received the above money. 2) The sentence imposed by the lower court of unreasonable sentencing (one month of imprisonment) is too unreasonable.
B. A prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (the evidence submitted by the prosecutor as to the acquittal portion), the Defendant, on February 11, 2015, borrowed KRW 10 million from the victim F to the Si Housing Association on the loan of KRW 10 million to the victim F, and acquired it by transfer from the victim F. ② On January 201, 2016, the Defendant knew the president of the O Hospital and the brain parts thereof well known to the victim B, thereby leading the victim B to find employment. As such, the lower court found the Defendant not guilty of the construction cost from around September 24, 2016 to KRW 150,00,000 for the reason that it is necessary to find employment, and acquired it by obtaining KRW 40 million in total from the victim B, and the lower court found the Defendant not guilty of the construction cost from around 24, 2016 to 10,000 on the ground of the construction cost.