사기등
The defendant's appeal is dismissed.
The defendant pays 70 million won to the applicant through deception. The above is the defendant.
1. Summary of grounds for appeal;
A. In relation to the crime of 2017 Highest 83, the judgment of the court below is erroneous. ① The victim made an investment rather than lending money to the defendant, and the victim made an investment rather than by the defendant's solicitation. Therefore, the defendant did not have the intent to acquire the money. ② According to the loan certificate, according to the loan certificate, the date of maturity is February 20, 2018, and the interest was lost due to the non-payment.
Even if the maturity date is the date of July 26, 2016, the complaint in this case was filed on May 26, 2016, and thus a crime of fraud cannot be established.
Nevertheless, the judgment of the court below that found the defendant guilty of this part of the facts charged is erroneous.
B. The punishment of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. 1) Determination of the assertion of mistake of facts is an affirmative or passive act that generally lacks good faith and good faith to each other in the transactional relationship of property. It does not necessarily require that the deception constitutes an important part of a juristic act. It is sufficient for the other party to conduct an individual disposal act (see Supreme Court Decision 2008Do10519, Jan. 30, 2009). In addition, it is sufficient that the crime of fraud is established through the defraudation of investment money and explained to investors by receiving the investment money from the investor, if the investor who received the investment money and explained it to the investor within a certain period of time without the intent or ability to return the principal, and makes a false statement as if the investor were to return the principal within a certain period of time, taking into account the relationship between the investor and the investor, the situation of the transaction, the investor’s experience, knowledge, occupation, etc.