The defendant shall be innocent.

A. Although the Defendant was paid money from the injured party to the account of D Co., Ltd. (hereinafter “D”), the Defendant did not borrow money, and thus, the Defendant did not deceiving the injured party as stated in the judgment of the court below, and did not intend to commit fraud.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. On August 8, 2012, the summary of the facts charged in the instant case was sentenced to a suspended sentence of two years for a crime of fraud, etc. at the Seoul Central District Court on September 20, 2012, and the judgment became final and conclusive on September 20, 2012. On May 20, 2014, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for one year for a crime of fraud, and on October 21, 2014, the said judgment became final and conclusive. On November 25, 2015, the Defendant was sentenced to a suspended sentence of two years for a suspended sentence of eight months for a crime of fraud in the support of Suwon Friwon, which was sentenced to a suspended sentence of eight months for a crime of fraud on December 3, 2015.

The Defendant operated D Co., Ltd. (hereinafter referred to as “D”) which is a non-performing loan collection company on the fourth floor of Gangnam-gu Seoul Metropolitan Government C building B.

The Defendant established D in a situation where the company’s financial foundation is vulnerable to the degree that it is difficult to meet the requirements for authorization, permission, registration, and reporting under statutes, and most of the funds collected from the company’s operating expenses were consumed as the company’s operating expenses, and there was no de facto operating profit. As such, while running a company by preventing the return of the existing investors’ investment funds with the investment funds received from new investors, from January 2012, when the investigation by the Seoul Suwon Police Station on D started, the financial situation has deteriorated due to the investor’s demand for return of the investment funds.

On February 8, 2012, the Defendant temporarily aggravated the financial situation of the Defendant upon the request of the investor F, who was an employee at the third floor D office of the Gangnam-gu Seoul E building, for the refund of investment funds.

It is possible to lend funds for the rapid extinguishing of fire to the company.