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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although there was no intention or deception of the victim C's business directors D, funeral director E, the victim, there was a mistake of facts, the court below recognized that the defendant deceivingd D, etc. with the intent of deceiving the victim by deception. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. Even if an unreasonable sentencing is acknowledged, the sentence by the lower court against the Defendant (eight months of imprisonment) is too unreasonable in light of the circumstance and present situation of the Defendant’s occurrence of the instant crime, etc.
2. Determination:
A. The intent of defraudation, which is the constituent element of a crime of fraud, is to be determined by comprehensively taking account of the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of performing transactions before and after the crime, unless the defendant makes a confession. In the borrowing of money from another person, if the other party has notified the other party of the purpose of the borrowed money or the method of raising the funds to be repaid if he/she had failed to comply with the true notice, the crime of fraud is established if he/she received the money by notifying the other party of the fact contrary to the truth as to the purpose of use or the method of raising the funds to be repaid.
(See Supreme Court Decision 2003Do5382 Decided September 15, 2005, etc.). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant, who had worked as the head of F (KK) headquarters, negotiated departure from employment with the victim company by introduction E, the victim company paid the defendant the amount of each of the instant loans to the victim company under the condition that the defendant takes the place of six to seven branch offices, which is an organization affiliated with the existing F, and works as the victim company, and that the defendant works as the victim company.