사기
The defendant's appeal is dismissed.
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. The fact that the defendant by mistake of fact has received money from the injured party, but this is the money that the defendant has received from the injured party that the defendant lent the proceeds from the illegal sports debate to the injured party in cash.
B. The punishment of the lower court is too heavy (three years of imprisonment).
2. Determination
A. In full view of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the lower court is recognized by deceiving the victim by deceiving the victim in addition to the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court.
Therefore, the court below's finding the Defendant guilty of the facts charged of this case is justified, and the Defendant's assertion of mistake is without merit.
① The Defendant asserts that, while finding profits from illegal sports discussions in cash, he/she lent such profits to the victim.
However, it is difficult to recognize that the evidence submitted by the defendant alone obtained the same profit as the defendant alleged in an illegal sports debate.
② Even if there were profits claimed by the Defendant for domestic affairs, the Defendant considered the loss equivalent to KRW 80 million in 2013 and the profits equivalent to KRW 6 million in 2014 in 2014.
Thus, on September 10, 2014, the defendant first lent KRW 200 million to the victim.
At the time of assertion, the Defendant had been holding cash to lend KRW 200 million to the victim as illegal sports soil.
It is difficult to see it.
③ The Defendant lent KRW 495 million to the victim three times ( KRW 20 million on September 10, 2014, KRW 100 million on October 2, 2015, KRW 195 million on November 18, 2015).
The argument is asserted.
However, at the time when the defendant extended additional KRW 100 million to the victim on October 2, 2015, the amount that the victim paid to the defendant is KRW 76.3 million.