사기
The defendant's appeal is dismissed.
The gist of the grounds of appeal is that when the Defendant, who misjudgments the facts concerning the reasons of appeal, borrowed KRW 30 million from the victim on May 27, 2015, and KRW 50 million on May 29, 2015, he/she said that he/she remitted money to the money exchanger and received part of the fees that the money exchanger would receive, and actually used in remitting money to the money exchanger and receiving fees,
As above, the loan did not mean that “it is possible to pay interest on the second part of a month, and if it is a month, it is possible to pay.”
As such, the defendant did not have any intention to acquire by deception, since the above lending purpose is true.
The punishment sentenced by the court below (one year of imprisonment with prison labor for six months) is too unreasonable.
Judgment
In full view of the evidence duly examined by the court below regarding a mistake of facts (in particular, the victim's investigative agency and the victim of the statement in the court of the court below shall consistently state the purpose of the loan from the date of full payment of the principal of damage to the victim and the date of revocation of the complaint to the court of the court of the court below. The victim's factual confirmation (Evidence No. 1) submitted by the defendant at the court of the court of the court below includes the purport consistent with the defendant's argument regarding the purpose of the loan, but it is difficult to believe in light of the victim's statement to the court of the court of the court below.), when the defendant borrowed KRW 30 million from the victim on May 27, 2015, and May 29, 2015, the defendant may fully recognize the defendant's intention of deceiving the purpose of the loan by stating "funds necessary to guide foreign foreign languages"
However, unlike the consistent statement by the court below as to “the purpose of the vehicle use”, the victim stated to the effect that “the interest and the period of repayment” of the above KRW 30,000 and KRW 50,000,00 to the court of original trial are reversed, and consistently stated to the same effect until the court of original trial.