특정경제범죄가중처벌등에관한법률위반(사기)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Since the Defendant had intent and ability to repay money from the victim at the time of borrowing money, there was no intention to commit deception or fraud.
In other words, at the time of borrowing, the Defendant Company and the Private Business Chain C Co., Ltd. (hereinafter referred to as “C”) and B were under temporary difficulties in financing (in China, the order was issued from the customer to deliver valves to the customer, but the order was issued from the customer, and the above valve was insufficient to receive the valves).
In such a situation, the Defendant, as the Defendant was able to raise a loan to a friendly victim, and the victim was a C’s employee and lent money to verify C and B’s financial and business status.
The reason why the Defendant was unable to pay the borrowed amount is that C transferred the factory to be manufactured in excess of the distribution of valves around August 2016, and the basic cost of the factory was much worse from October 2016.
B. The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant and the defense counsel of the lower court argued the same purport as the grounds for appeal even in the lower court. In full view of the facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendant borrowed money as stated in the indictment from the victim with the intent to commit a crime of dubal fraud. The lower court rejected the aforementioned assertion. The facts and the summary of the circumstances indicated by the lower court are as follows. ① As to the financial situation of C and the Defendant at the time of the instant borrowing from the victim, the Defendant was the police (as to the fourth suspect examination of the instant case, “at the time of the instant interrogation of the fourth suspect examination, there was no assets
n.man.