사기
All appeals by the defendant and the prosecutor are dismissed.
The summary of the grounds for appeal is as follows: (a) there is a fact that the defendant mistakenly received money from the injured party; or (b) the victim voluntarily invested in the company operated by the defendant in expectation of profits arising in connection with L/C business; and (c) at the time, the defendant did not agree with the injured party to return the principal and interest on the said money, or to pay KRW 100 million to the company as security even if he did not know that he would not pay the money to the injured party; and (d) there is no fact that the defendant deceivings the injured party by deceiving him.
The sentencing (six months of imprisonment) of the lower court is too unreasonable.
The above sentencing of the court below by the public prosecutor is too unfortunate and unfair.
In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake as to the grounds for appeal, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent or ability to pay the principal and the profit therefrom, and did not have the intent or ability to provide the apartment owned by G as security, and even if the standard was not established definitely with respect to L/C business, it can be acknowledged that the Defendant, as stated in the facts of the crime in the judgment of the lower court, obtained a total amount of KRW 98,80,000 from the injured party and acquired by deception.
Therefore, the defendant's above assertion is without merit.
(1) The victim consistently testified from an investigative agency to the court of original instance as stated in the facts constituting a crime in the judgment of the court below.
A statement is made by the defendant, and the above statement was made in detail about the reasons why the defendant heard the above statement, the situation at the time, the amount was set at KRW 98,800,000, etc.
② On September 20, 2015, the Defendant promised to borrow KRW 100 million from the injured party to secure G apartment as security.