사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Of the facts charged in the instant case, the victim F.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles attempted to pay the proceeds from the operation of the company at the time of borrowing each money from the victims. Since the real estate owned by the Defendant was owned by the Defendant, the lower court erred by misapprehending the legal principles as to “an intention to make a payment” or “an intention to make a payment,” thereby finding the Defendant guilty of the facts charged.
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. Determination of mistake of facts and misapprehension of the legal principles on the assertion of mistake of facts 1) The summary of this part of the facts charged is as follows: (a) The summary of this part of the facts charged is as follows: (b) the Defendant “the Defendant was in an unsound place on May 26, 2010; and (c) the Defendant borrowed money from the victim E because the financial situation of the Defendant operated by the Defendant was not good and there was no particular property, and thus, (d) the Defendant did not intend or have the ability to return the interest paid or borrowed to the victim, and (e) the Defendant was able to deposit the interest at the fifth day of each month on the fifth day of each month by phone to the victim, even though the Defendant did not have the intent or ability to return the money that was paid or borrowed by the Defendant to the victim.
‘Falsely speaking, it is difficult to conclude that the victim was aware of the money transferred from the victim to the Defendant’s new bank account on the same day, May 27, 2010, KRW 7 million on August 3, 2010. On October 1, 2010, the Defendant did not have any intent or ability to return interest paid or borrowed to the Victim F for the said reason, even though he did not have any intent or ability to return the money borrowed.
(d) money lending system is called .
Interest shall be paid 500,000 won per month.
"Falsely, it is transferred from the victim to the deposit account of the defendant's new bank on the same day."