사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant is anticipated to transfer a large number of members of Jwon and D, who had previously been operated, to the Defendant, and that the Defendant would have been able to repay the money borrowed from the Defendant with the proceeds therefrom, but the Defendant was not able to repay the money due to the impossibility of its operation unlike the expected, but the Defendant did not have the intention of defraudation, and the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.
2. Determination:
A. The following circumstances revealed by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (a) the defendant borrowed 200 million won to the victim for the purchase of hospital facilities; (b) there was almost no part used for the purchase of medical equipment, etc.; (c) the defendant promised to pay within 2 months and pay interest on the second part of each month; (d) there was no specific method to pay 200 million won in cash within 2 months; (e) the Kwon et al. did not guarantee that the patient would move to the defendant's hospital in large place; and (e) the defendant did not pay interest even once until now; and (e) the defendant was liable to pay a huge amount of debt to the high school head; and (e) the defendant's loan claims equivalent to KRW 170 million to the Korea Senior Welfare Foundation as the grounds for repayment of the debt became final and conclusive; and (e) the defendant did not sufficiently demand the victim to pay the rent or loan in arrears to the victim on February 2, 2009.
B. The Defendant’s judgment on the assertion of unfair sentencing.