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All the defendant and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Since the Defendant did not borrow the money listed in the [Attachment List of Crimes Nos. 11 and 12] from the victim C of mistake of facts, the Defendant did not acquire it by fraud. 2) The sentence of unfair sentencing (one month of imprisonment) by the lower court is too unreasonable.
B. The prosecutor 1) According to the evidence submitted by the prosecutor of mistake of facts, it is sufficiently recognized that the defendant deceivings the victim and obtained the money from the victim as stated in [Attachment 1 to 8] of the judgment of the court below. 2) The sentence of unreasonable sentencing is too uneasible and unfair.
2. Judgment on the assertion of mistake of facts
A. The lower court’s determination as to the Defendant’s assertion is consistent with the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the victim, consistent in the investigative agency and the lower court’s court court’s determination, and consistently offered that “the Defendant would have allowed the Defendant to carry out construction works by way of lending money while he/she was in charge of the construction of a Jeju-style apartment located in the Chungcheongnam-Nam Namsan City around January 2013.” The Defendant provided KRW 5 million with KRW 5 million and KRW 2 million and KRW 10 million each over several times (Evidence No. 23 of the Evidence Record), and “(Evidence No. 23)” and “(Evidence No. 23 of the Evidence Record) transfer money to sell the land located in G, and the Defendant lent KRW 7 million and KRW 8 million each month with the loan of money,” and the Defendant provided KRW 7 million and KRW 8 million each KRW.
The statement "(54 pages of the trial record)" is specifically stated, ② The defendant was unable to repay the money borrowed from the victim, ② On July 31, 2014, the defendant prepared and delivered a letter of loan to the victim (the name shall be his/her father H) to pay the amount of KRW 40 million each 20 million from September 2014 to April 2016 (Evidence No. 12 of the evidence record), ③ according to the defendant's legal suit, the amount of money borrowed from the victim is KRW 25 million, and the defendant borrows from the victim in the police.