A. In relation to the list of crimes attached to the judgment of the court below which mispers the facts, the Defendant, at the time of borrowing money from the injured party, provided that the Defendant was able to make an investment to each (L) or its branch (E). The Defendant did not deception that it was necessary funds for the East Dental Hospital.

In addition, the defendant had the intent and ability to repay the borrowed money.

Nevertheless, the lower court found the Defendant guilty of the facts charged in this case by recognizing the Defendant’s deception, intent, etc., and erred by mistake.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly examined and adopted by the Defendant on the assertion of mistake of facts, the fact that the Defendant borrowed a total of KRW 122,65 million from the injured party, as stated in the list of crimes attached to the judgment of the court below, and that the Defendant paid interest of KRW 36 million No. 10,000 on about ten occasions is recognized.

However, only at the time of lending the money No. 3, the victim told the Defendant that “the previous borrowed money (No. 1, 2) was not borrowed to use it in the dental hospital of the same child, but invested in the business, such as her wife and she.”

was stated.

In addition, the victim seems to have lent credit cards like No. 3 upon receipt of a request from the defendant to the effect that the supply is necessary in order to recover the already invested money from the defendant.

The Defendant, from the beginning, properly explained the project subject to investment and borrowed money from the damaged party.

The argument is asserted.

However, E received the money, however, was caused by a black scambling scambling with Thailand.

There is no detailed disclosure of the type or method of investment business, such as statement.

On the other hand, the defendant's dynamics transferred dental hospitals before borrowing them, and the defendant also transferred the fact.