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The judgment of the court below (excluding the part of the compensation order) shall be reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. Summary of grounds for appeal;
A. (i) The fact that the Defendant, by mistake of facts, has received a remittance of KRW 250 million from the victim, and the remittance of KRW 580 million from L is recognized.
However, the said money was borrowed from the victim as the funds for the operation of the H School operated by the defendant without regard to the freezing construction of the freezing.
Upon completion of the freezing warehouse construction, the Defendant paid the above KRW 830 million (i.e., KRW 250 million) with its profits (i.e., KRW 580 million). However, as the freezing warehouse construction is not promoted as scheduled, the Defendant was not able to pay the said money, and the Defendant did not borrow the said money without intent and ability to pay the money.
Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged in this case by recognizing the criminal intent of defraudation is erroneous.
Dob. The sentencing of the lower court (four years of imprisonment) is too unreasonable.
B. The lower court’s sentencing is too unjustifiable.
2. (1) Before determining the grounds for appeal, prior to the judgment on the grounds for appeal, the prosecutor examined ex officio, and, in the facts charged against the Defendant in the trial of the trial of the trial of the trial, the prosecutor stated that “after the trial, the Defendant continued to obtain loans from the victim because it is necessary to receive the sn beam beam, etc. required for freezing warehouse construction,” and made the victim provide the victim’s land as a collateral on May 31, 201 and borrowed KRW 800 million to K as a bond company, and then, on June 1, 2011, remitted KRW 60 million out of the loans under the name of L Co., Ltd. under the name of the construction cost under the name of L Co., Ltd., and the Defendant transferred KRW 580 million out of the 600 million transferred to the director of the L Co., Ltd. to H school in the name of the victim, and received the remittance number No. 800,600,000.
(A) The defendant deceivings the victim and belongs to it.