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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. The summary of the grounds for appeal is as follows: (a) in full view of the fact that “The Defendant recommended the Defendant to make an investment that he would obtain a large amount of profit from the sale of the goods at a public auction, received KRW 100 million from the victim and remitted the money to the Defendant; (b) the Defendant has made a consistent statement that he would not pay the money by investing in G’s apartment execution business unlike the original purpose of use; and (c) the Defendant also stated at the prosecutor’s office that “the transaction of the goods at a public auction has been written to C”, the Defendant could be recognized as having received the money from the money of investment or the money of borrowing from the Defendant as if he would give a large amount of profit through the transaction of the goods at a public auction; and (d) even though it is recognized that the Defendant received the money of KRW 100 million from the victim to receive the money of KRW 3
2. Determination on the grounds for appeal
A. The summary of the facts charged in the instant case is C, elementary school, middle school, and so-called friendly relationship. C is a friendly relationship between the victim D and the money.
Around April 2009, the Defendant, at C’s house located in the Gunsan-si, Si, Gunsan-si, “The amount of money would remain in excess of the amount of money to be invested in the customs auction goods. The customs auction goods bring about about about about about about 20 to 30% in the veterans’ office. The customs officers are the former customs officers, and are currently engaging in trade and are going through central Asia. If the public auction goods are 10 million won to be sold, the Defendant would pay money of one to 1 to 2 times the amount of the investment prior to the delay.” On June 2009, C intended to deliver the Defendant’s horse to the Defendant and make an investment to the first policeman on June 2009.
However, the defendant is true.