사기
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the facts charged was that the Defendant was liable for a loan company, etc. with an amount equivalent to KRW 50 million, and the Defendant did not have the intent or ability to fully repay the loan due to a loan claim of KRW 270 million from an individual creditor. However, on September 24, 2012, the Defendant called, “If he borrowed KRW 700,000,000,000 from the victim Co., Ltd., Ltd., the Defendant would faithfully repay the loan amount of KRW 370,000 as the principal and interest of each month for the period of 30 months, and there is no possibility that he would file an application for personal rehabilitation or personal bankruptcy within the next three months due to the absence of the current bankruptcy status, and there is no personal obligation against a third party other than the financial right and loan financial right of the credit rating information company.”
2. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles have the intention and ability to repay the loan at the time of the instant loan, and only became an applicant for individual rehabilitation after cancelling his/her workplace due to the circumstances that occurred after the loan, and did not deceiving the victim.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
3. As to the assertion of mistake of facts and misapprehension of legal principles
A. In full view of the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
① The Defendant, who was in office as a teacher at the time of the instant loan, was paid benefits of KRW 6.5 million per month.
② The Defendant had a debt equivalent to KRW 500 million with financial rights and loan companies, but the interest, etc. was not overdue.
③ At the time of the instant loan, the victim was a financial institution that deals with the loan in a specialized manner, with information on the Defendant’s income and debt details, and on this basis, determined the Defendant’s loan performance, amount of loan, interest rate, etc.
④ At the time of the instant loan, the Defendant was subject to a lawsuit claiming the payment of a loan of KRW 270 million from F, but was dissatisfied therewith.