사기
All appeals by the Defendants are dismissed.
An application filed by an applicant for compensation shall be dismissed.
Summary of Grounds for Appeal
Defendant
A misunderstanding of facts by referring the F to the lending of money to Defendant A by introducing a place where the F had a debt to Defendant A, and connecting the victim F. The F borrowed a loan of KRW 30 million from the victim (hereinafter “the loan of this case”) as indicated in the judgment below, and Defendant A is not the borrowed money.
The court below's sentence of unfair sentencing (three months of imprisonment) is too unreasonable.
Defendant
B (U.S. 2) The sentence of the lower court (F. 6 months of imprisonment) is too unreasonable.
Judgment
Defendant
In full view of the circumstances alleged in A’s assertion of mistake of facts and the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s determination is justifiable.
The defendant's assertion of mistake is without merit.
F consistently at the police and prosecutorial offices, the Defendant sent the money of KRW 30 million from the victim to the R’s account upon the request of the said Defendant to send the money to the R’s account designated by the said Defendant, and the F stated that he did not borrow money from the victim.
F received 30 million won from the victim on July 18, 2017, and then remitted 30 million won to the R account on the same day.
(No. 80 pages of Evidence No. 80). The recording book of the telephone call dated October 26, 2017 between Defendant A and F contains the statement that the victim attached F-owned real estate to preserve the loan of this case, stating that “F-owned real estate was attached to F-owned real estate for the purpose of preserving the loan of this case.”
Such circumstances support the statements made to the above F investigative agency.
Defendant
A In the prosecution, the prosecutor stated, “A himself/herself borrowed money from the victim to the F account while lending money. It is necessary to prevent the card and borrowed money. It is the money that he/she has to pay.”
Defendant
A. A.