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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although it was necessary for C, who is the husband of the Defendant, to provide funds in the course of running a business, C merely received money from the victims through the passbook in the name of the Defendant, due to bad credit standing, and there was no intention to acquire money by fraud from the Defendant.
Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. 1) The Defendant alleged the same purport in the lower court’s judgment, and the lower court found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning.
2) The following circumstances acknowledged by the court below’s duly adopted and examined evidence, namely, ① even based on the Defendant’s assertion, C is a situation in which it is impossible for the victims to open an account due to bad credit standing. Nevertheless, the victims with a large amount of KRW 130 million.
In light of the fact that it is difficult to see that the defendant's representative director is a company established by the defendant, and that C does not have any appointment as the executive officer of the Dispute Resolution Co., Ltd., ③ in the civil litigation against the defendant of the victims, the loss of the defendant is finalized (this Court Decision 2016Na307918, the Suwon District Court 2015, the Suwon District Court 2015, the Suwon District Court 37197), ④ in light of the consistent statement in the investigative agency of the victims, it is difficult to see that the defendant merely lent the passbook under the name of the victim to C, the above judgment of the court below is just and acceptable, and there is a error of misunderstanding the facts alleged by the defendant.
subsection (b) of this section.
Therefore, this part of the defendant's argument is without merit.
B. The court below erred in sentencing, under the circumstances that are disadvantageous to the maximum amount of the acquired money of this case, and the defendant D.