사기등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
The court below dismissed the prosecution of intimidation among the facts charged against the defendant, and sentenced guilty of the remaining facts charged, and only the defendant filed an appeal against the guilty part, the dismissal of the above indictment is separated and finalized and excluded from the judgment of this court.
Summary of Grounds for Appeal
A. The Defendant had a claim for damages to be paid at the time of the instant case, and the Defendant paid KRW 4.5 million out of KRW 13.15 million prior to filing a complaint.
In addition, the victim borrowed the defendant's money regardless of where the defendant borrowed money.
(The purport that there is no proximate causal relation between the defendant's deception and the delivery of money to the victim). Nevertheless, the court below erred by mistake of facts and misapprehension of legal principles which recognize the criminal defendant's fraud.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and two years of suspended execution) is unreasonable.
The defendant in the judgment of the court below also argued the same purport as the reasons for appeal, and the court below rejected the defendant's argument in detail.
In light of the following circumstances, the court below's determination that the defendant did not have the ability to pay money at the time of borrowing money from the victim is just, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.
The Defendant borrowed money from the victim on May 12, 2018 and May 16, 2018, and urged the victim to pay the money on or around May 29, 2018, and threatened the victim, such as the part against which public prosecution was dismissed at the lower court.
In addition, the defendant on June 2018.