사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts (A) is guilty of fraud against Defendant V, and the fact of borrowing KRW 300 million from the victim V on July 7, 2009 is recognized, but considering the active property held by the Defendant at the time, the criminal intent of defraudation is not recognized since there was sufficient means of repayment and intent to repay to the Defendant. On July 17, 2009, the money of KRW 200 million received from the above victim was not the name of the acquisition price, but the money necessary for the real estate to be invested by the Defendant was borrowed, and there was no criminal intent of defraudation due to sufficient means of repayment at the time of borrowing.
(B) The fraud about the victim G was committed by the Defendant, who received KRW 300 million from G on October 19, 2009, was not paid as investment money for multi-household housing, but received as the borrowed money. At the time of borrowing, the Defendant had no intention of defraudation due to sufficient means of repayment to the Defendant at the time of borrowing, and there was no intention of defraudation even for KRW 100 million additionally borrowed through three times from October 21, 2009 to October 28, 2009.
(C) The fraud against the victim W was committed on March 30, 2010 upon the request of I on March 30, 2010, and the fact of borrowing KRW 100 million from the victim W was recognized, but the Defendant did not have the criminal intent to acquire it, but the borrower is not the defendant but the lender of KRW 92 million on April 6, 2010.
(D) Since the victim X lent money to AO and the defendant borrow money again from AO, the defendant cannot be deemed to have obtained money by deceiving the above victim, and even if the defendant borrowed money from the above victim, it cannot be deemed that there was the criminal intent of defraudation because the defendant had a sufficient means to pay money to the above victim.
(2) Each sentence of the lower court on unreasonable sentencing (2013No182: Imprisonment with prison labor for two years, and imprisonment for two years, 2013No970: 2 years) is too unreasonable.
B. A prosecutor (1) is consistent with misunderstanding of facts (as to the acquittal part of the first judgment).