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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) borrowed KRW 80 million as C’s driving capital or vessel purchase and then repair and repurchase them after the vessel. The Defendant could repay the said project as down payment or profit arising from the said project, and thus, there was no intention of deceiving the loan purpose, intent of repayment, and capacity for repayment or deception.
In addition, considering the fact that the defendant transferred his bonds to the victim and endeavored to recover the damage, the punishment of the court below (one month of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below in addition to the statement in the judgment of the court below regarding the assertion of mistake of facts, the defendant can induce the victim to use the loan amounting to KRW 80 million and deception the ability to repay all the loan amount. Thus, the defendant's above assertion is without merit.
① First of all, on November 2015, the loan certificate drawn up as of November 11, 2015 between C and the victim, which was executed by the Defendant as of November 11, 2015, is written as of November 31, 2015, because it is apparent that the loan certificate was written as of November 31, 2015, but is written as of November 30, 2015, because it is obvious that the loan certificate was written as of November 31, 2015. However, although the Defendant is insufficient to purchase the ship, the victim stated that the contract for re-sale after repair was concluded upon completion of the purchase of the ship was concluded, and that the Defendant would receive the down payment from the buyer and that the said KRW 80 million was leased on the condition that the Defendant would receive the down payment from the buyer on November 2015.
In light of the fact that the above purchase of a ship is completed but the repayment fund is created through re-sale, it is reasonable to view the above 80 million won loan use as the ship purchase fund.
However, the defendant takes precedence over C's operating funds, excluding one million won among the above 80 million won advisory fees.