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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by the defendant;
A. Of the money received from the victim of mistake of facts or misapprehension of legal principles, 12,00,000 won around November 22, 2010 is not the money received as the expense for the contract owner, but the money borrowed from the victim to be used as the security deposit for the creation of the Defendant’s family’s residence, and the remaining 25,50,000 won was paid as the expense for the contract owner, and the victim was also aware that such expenses include the Defendant’s living expenses. The Defendant did not deceiving the victim by using the above 25,50,000 won as the expense for the contract owner, and there was no intention of deception.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and erroneous.
B. In light of the circumstances, such as the fact that there is against the victim of unreasonable sentencing, the sentence of 10 months sentenced by the court below is too unreasonable.
2. Determination
A. Fact-finding or misunderstanding of legal principles 1) as to KRW 12,00,00 on November 22, 2010, the court below duly adopted and investigated by the court below, i.e., the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: ① the victim D has consistently stated from the investigation agency to the court below that he paid the above amount as construction cost, not a loan; ② the defendant has not made a statement that he borrowed the above money to use as a security deposit at the time when he was investigated by the police and the prosecutor’s office; ③ the testimony consistent with the defendant’s assertion that H borrowed money was borrowed by the court below for the use as a security deposit; ③ However, H was a subordinate employee of the defendant; not only he was a subordinate employee of the victim, but also a person who acquired KRW 5,00,000 out of the amount remitted by the victim to the defendant (Evidence Nos. 101, 101, the statement