A. The sentence imposed by the lower court is too unreasonable.

B. Prosecutor 1) Fact-finding misunderstandings (2016 highest 3576) C’s money granted to the Defendant is not a simple loan but a consideration for hospital introduction.

Even if the money was given, the Defendant did not have any intention or ability to pay the money even if he received the money from C from the beginning because the Defendant had a large amount of debt at the time of borrowing the money from C and had been suffering from living.

Nevertheless, the lower court erred by misapprehending the facts, thereby making a mistake of not guilty of this part of the facts charged.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. A written complaint prepared by the judgment C on the prosecutor’s assertion of mistake on the facts that the Defendant was aware of at the end of December, 2014, and the Defendant was urgently required to pay money, thus lending money to the Defendant several times, and requesting the Defendant to pay money from the Defendant several times, but not complying with the request.

“..............”

C made a statement to the effect different from this part of the facts charged that the Defendant, who had attended the court as a witness and had been assisted, lent money to the court below for the personal necessity of the Defendant, or provided money for the purpose of arranging the hospital, such as making a statement that the Defendant was not a donation for the introduction fee to aid the hospital, or that the Defendant was not a donation for the introduction fee.

In light of the statement in the petition of complaint or the statement in the court of the court below, C cannot be viewed as the hospital introduction fee of KRW 7.2 million to the defendant.

On the other hand, C has been doing money transactions with the defendant several times before the court of the court below, and C has repaid money well by the defendant.

was stated.

In addition, the defendant has a lot of property.

It is not so talked, and it is very limited to one's own view.