사기
The judgment of the court below is reversed.
The Defendant, who is an applicant for compensation, dismissed the application for compensation filed by C.
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts or misunderstanding of legal principles did not have obtained a total of KRW 20 million from C as a loan.
In light of the circumstances that the defendant had about 15 billion won property with real estate and stocks, etc., and that he made several monetary transactions with C, it cannot be readily concluded that the defendant did not have any ability or intent to repay.
(2) The lower court’s sentence of unreasonable sentencing (two years of suspended execution in October, probation, and community service order 200 hours) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles
A. The summary of the facts charged in the instant case was registered as a person with bad credit standing and acquired money from other persons while playing a role as a financial intermediary without a certain equity capital.
There is no intention or ability to repay even if C borrows money due to economic difficulties, such as repeated filing of a complaint due to the reason that the act of embezzlement or embezzlement, etc.
(1) On May 8, 2008, the Defendant, around March 12, 2008, introduced to C as if he could bring a large amount of profit through a bypass listing, and made C invest the said shares in an amount equivalent to KRW 198 million, thereby having C as expected to be able to help the Defendant in realizing profit through the sale and purchase of the said shares.
In such a situation, around May 8, 2008, the Defendant sent a telephone to C’s office located in Gangnam-gu Seoul Metropolitan Government, and acquired it by transfer from C to a new bank account (F) in the name of the E Co., Ltd., in which the Defendant operated the Defendant, with a false statement that “I will lend 10 million won or more, which is needed to pay money.”
(ii).