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The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.
Two years of imprisonment.
Reasons
1. Summary of grounds for appeal;
A. Error of facts (as to the charge of fraud among the facts charged in the case of 2018 Godan4200), the Defendant did not have the intent to commit the crime of defraudation of the victim R, and it is difficult to deem that the Defendant did not have the intent or ability to repay the above borrowed money, since the Defendant borrowed KRW 38.5 million from the above victim and repaid the above victim above KRW 90 million until the victim was accused of the complaint.
[Defendant made a statement to the effect that he denies each part of the facts charged in the case No. 2018 Godan2606 on the second trial date of the trial, among the facts charged in the case No. 2018 Godan2606, the Defendant made a statement to the effect that he denies the forgery and use of each private document in F’s name among the facts charged. However, this cannot be viewed as a legitimate ground for appeal since the lapse of the lawful time limit for submitting grounds for appeal. Even if ex officio examination is conducted, the Defendant received the assistance of a public defender in the court below and stated to the effect that he both of the facts charged on the third trial date of the court below, and the confession statement that the Defendant recognized all of his criminal acts in the court of the court of the court below cannot be easily rejected unless there is an explanation that he could understand the circumstances leading to the confession, and the mere reason that the confession in the court of the court of the court below differs from the appellate court’s statement in the appellate court’s appellate court’s appellate court’s appellate court’s appellate judgment’s oral statement cannot be seen to the credibility or credibility of the above facts charged.
Each of the lower judgment on the Defendant’s unfair sentencing.