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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of the grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles that the Defendant was unable to repay KRW 200 million borrowed from the complainant by the agreed repayment date, but the sales business, which was implemented at the time, was out of the expected amount, was caused by the aggravation of the financial situation, not only by the aggravation of the financial situation, but also by the intention of defraudation from the beginning, and also by deceiving the complainant about the use of the borrowed money.
Nevertheless, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in misconception of facts or misapprehension of legal principles.
[Defendant's confession at the court below is the result of voluntary choice of counsel to receive a fine regardless of the defendant's will (in fact, the defendant's counsel submitted two written opinions at the court below, and all of the charges of this case are recognized, and if the defendant is under the suspension of execution or sentence of punishment as he/she is under the execution of the project of apartment and officetel in the Kimpo and Mangsan area, he/she may cause a significant damage to the investors who invested in the project because the execution of the project becomes impossible and the execution of the project is also subject to suspended execution or sentence of punishment
(3) In the first instance trial, the Defendant and the defense counsel stated that they recognize the facts charged of this case, while denying the intention of the crime of defraudation in the above trial. As such, the first instance trial record of the court below (as of May 17, 2018, the Defendant and the defense counsel stated that they recognize the facts charged of this case, this will be examined.
Even if the autonomy of confession is recognized, it is nothing more than that the confession has the eligibility to be used as materials for strict proof, that is, the admissibility and credibility of the confession, but it does not necessarily have to be recognized as a matter of course.
In judging the credibility of a confession, the content of the confession itself is objective rationality.