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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant borrowed KRW 20 million from the victim D on June 18, 2007 (No. 3 years in the crime sight table), up to November 2007, the principal amount of KRW 19350,000 and the interest accrued up to May 2009.
B) In light of the fact that the Defendant borrowed KRW 6.25 million from the victim E on September 12, 2012, around February 1, 2013, and KRW 5 million from the victim E on or around February 1, 2013, the Defendant repaid the full amount of the above borrowed money on or around May 31, 2013. In addition, the Defendant borrowed KRW 5 million from E on or around May 31, 2013 (No. 4 year in the crime sight table, No. 6 in the same day, and the above borrowed money; c), other than the Defendant obtained a stable income while working in B, the Defendant paid the real estate profit loan to the victims, and there was no intent or ability to obtain money by deception in that D and the Defendant did not deceive the victims.
2) The lower court’s sentence of unreasonable sentencing (two-year imprisonment is too unreasonable).
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. Determination on the mistake of facts and misapprehension of legal principles by the Defendant’s subjective constituent elements of fraud 1) In the event that the Defendant does not make a confession, the criminal intent of defraudation, which is a subjective constituent element of fraud, is bound 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 commission of the crime. The criminal intent is not definite intention, but it is sufficient for dolusive intent to recognize the possibility of occurrence of the crime (see, e.g., Supreme Court Decision 2007Do1214, Feb. 26, 2009). Considering the above legal principles, the following facts and circumstances recognized by evidence duly adopted and investigated by the lower court and the first instance court are at least comprehensive.