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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
Reasons
1. Fact-finding of the gist of the grounds for appeal (the absence of intention to commit an unfair sentencing) and unfair sentencing
2. The judgment of this Court
A. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the lower court’s judgment that recognized the criminal intent of defraudation by the Defendant is just and acceptable, and it cannot be deemed that there was an error affecting the conclusion of the judgment by misunderstanding of facts.
Therefore, the defendant's argument disputing this cannot be accepted.
1) The Defendant stated to the effect that “the Defendant was asked to open the interior business and open several million won fakes to the victim. There is only one month. The loan of KRW 25 million is changed because the money was made.” However, at the time, there was no place where the Defendant had actually entered into a contract for construction, and there was no ability for the Defendant to repay the borrowed money within the agreed time period.
3) Although the Defendant asserts that he/she would have used the money borrowed from the victim as business fund and failed to pay the money, he/she is unable to submit data related thereto. (b) On July 15, 2014 regarding the allegation of unfair sentencing, between the victim, the Defendant’s type C, a joint guarantor of the loan debt of this case, and the J of the real estate leased to C, “C shall deliver the leased object to theJ. The J shall deliver the leased object to theJ. At the same time, the J shall pay the victim KRW 28,973,909 to the victim within the limit of the balance of the deposit deposit (the Jeonju District Court Decision 2014Da10207). The Defendant’s life in custody for more than two months in the instant case, the Defendant had the time of reflectness, the Defendant’s child to support the Defendant, the Defendant’s age, character, environment, method and process of the crime, as well as the one-time fine.