사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (in fact-finding, unreasonable sentencing) is that a victim of the grounds for appeal (in fact-finding, unreasonable sentencing) knew of the situation of the site leader and lent KRW 300 million to a person who has been performing the site leader at C at the construction site, subject to consultation with F. Therefore, the defendant did not deceive the victim, nor did the defendant
In addition, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable.
2. Determination
A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or unless there are special circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional circumstances where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance is considerably unreasonable considering the results of the first instance examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s determination on the credibility of a statement made by the witness of the first instance on the grounds that the first instance court is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006).
In full view of these circumstances and the results of the examination of evidence by the court below and this court, the facts stated in the judgment below are the same as the defendant's intent and ability.