Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and legal principles: (a) Of 2016 Highest 3653, the victim F was already aware of the Defendant’s ability to repay; (b) the Defendant did not have any agreement on the repayment period to the said victim; and (c) there was no intention to commit deception and fraud.
(2) Paragraph 1-B of the 2016estest class 3653: The defendant will bear half of the initial establishment expenses in the future against the victim F.
There is no word, and even if so,
Even if the above victim had already known about the defendant's ability to repay, there is no intention of deception and fraud.
(3) Claim 1-C of the 2016 Highestest 3653: The Defendant changed the transfer of the hospital shares to the victim F, and there is no entry that the Defendant first demanded to transfer the hospital shares, and even if so, that is.
Even if the above victim had already known about the defendant's ability to repay, there is no intention of deception and fraud.
④ Of the 2016 Highest 3653, No. 1-D: The victim F is merely an investment at risk and does not lend to the victim, and even if so, the victim F is not.
Even if the above victim had already known about the defendant's ability to repay, there is no intention of deception and fraud.
⑤ 2016 High Order 3731: The Defendant only lent money to R and did not know the victim Q and did not know it. Since there was no reason for R to request the said victim to introduce it in any way and request it, there was no intention of deception and fraud.
2) Improper sentencing: The sentence of the lower judgment (two-year imprisonment with prison labor) is too heavy.
B. Prosecutor (unfair sentencing): The sentence of the lower judgment is too minor.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the first instance court of the first instance of the 2016 High Order 3653, the part 1 of the 2016 High Order 3653, the victim F was also liable to pay high interest on the part of the Defendant in a situation where the victim F was not well aware of the Defendant’s financial ability.