사기
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant (misunderstanding of facts, misunderstanding of legal principles, and Sentencing) 1) The Defendant was invested in KRW 30 million from the victim G and did not borrow this.
The Defendant, by deceptioning H, remitted money from the victim G to H as it is, did not have any intention to deceive the victim G.
2) The Defendant remitted most of the transferred money from the victim C, I, and J to the account designated by Q. The Defendant only remitted the money to Q as above and did not have any intention to deceiving Q.
3) The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.
B. The prosecutor (misunderstanding of facts and misunderstanding of sentencing) 1) The victim G lending the money to the Defendant through the son, and if the Defendant is unable to repay the money, the Defendant would have paid the money, and the Defendant and himself jointly and severally paid the money consumption loan contract with the Defendant, and thereafter, the victim G transferred KRW 30 million to the Defendant through S and T, which is the part of the Defendant, i.e., the Defendant., the Defendant.
2) The sentence imposed by the lower court is too uneasible and unreasonable.
2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles
A. First, we examine the argument that the Defendant was invested in KRW 30 million from the victim G.
Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the court below, the defendant can be found to have borrowed KRW 30 million from the victim G.
1) The victim G consistently solicits the Defendant to make an initial investment from the investigative agency to the court of the court below, but it does not make an investment.
In addition, if the defendant lends his money to him, he will guarantee the payment of principal and interest.
referring to one's own letter and the other's letter were also introduced.
was stated.
(ii)..