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The judgment below
The guilty portion shall be reversed.
Of the facts charged in the instant case, each fraud listed in the attached list of crimes (1) is committed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The aggrieved party asserting a mistake of facts as to each fraud listed in the separate sheet of crime (1) as to each fraud in the separate sheet of crime (1) shall transfer the Defendant a sum of KRW 120,500,000 as stated in the separate sheet of crime (1) to the Defendant over several months under several months under the circumstances in which the Defendant had a relationship in which the Defendant living together in mind with the living together, such as living expenses necessary for living together, indication of active difficulties, money, marriage expenses, etc. In addition, the said money is not borrowed by the Defendant for the purpose of funding necessary for the design business of Cheongban, but is donated as a donation for living expenses, etc. However, the judgment of the court below convicting the Defendant of this part of the facts charged, which is erroneous in the misapprehension of facts.
B. Prosecutor 1) According to the victim’s statement that has credibility of assertion of misunderstanding of facts as to each fraud listed in the annexed list of crimes (2) the defendant deceivings the victim and fraudulently obtained money listed in the annexed list of crimes (2). Nevertheless, the judgment of the court below that acquitted the defendant of this part of the charges is erroneous in misunderstanding of facts. 2) The punishment sentenced by the court below of unfair sentencing is too uneasible and unfair.
2. Judgment on the defendant's assertion of mistake of facts
A. The Defendant did not intend to use the money borrowed from the victim for a design-related business or to pay the money borrowed from the victim. This part of the facts charged does not mean that the Defendant did not intend to use the money borrowed from the victim for a design-related business.
Nevertheless, the Defendant, by deceiving the victim, transferred KRW 120,500,000 to the H bank account (I) in the name of H bank account in the name of C on March 3, 2010, as well as seven times until December 17, 2010, such as the statement in the list of crimes (1) in the attached Form, is the H bank account in the name of C as a loan necessary for the Defendant’s Cheongban design business, such as cost purchase and design cost.