beta
Text
The judgment below
Among them, the part on the victim C and P shall be reversed.
The defendant is against the victim C and P, respectively.
Reasons
1. Summary of grounds for appeal;
A. A. A prosecutor 1) misunderstanding of facts (not guilty part of the judgment of the court below) where there is no particular income, when the defendant lends money to the victim C in a situation where there is no other income, he/she received money from another person by deceiving him/her as if he/she would pay high interest on re-loan, and then used the money to repay his/her personal debt, there is an error of mistake of facts in the judgment of the court below which acquitted the defendant of this part despite the fact that the criminal intent of defraudation was sufficiently recognized. (2) The sentence of an unfair sentencing (not guilty 1: imprisonment with prison labor for a year and six months
B. The punishment sentenced by the lower court (one year and six months of imprisonment, and three months of imprisonment) is too unreasonable.
2. Judgment of the court below on the prosecutor's assertion of mistake of facts regarding the acquittal portion
A. On October 8, 2011, the summary of the facts charged in this part of the charges stated that the Defendant, at the Defendant’s house located in Seocheon-si N, “If he/she lends money to the victim C, he/she would lend the money to another person, he/she would be paid the interest on the three-month interest, and the principal shall be repaid by April 201.”
However, in fact, the defendant, without any particular property or income, bears approximately KRW 280,000,000,000 for personal debt, and even if he/she borrowed money from the victim, he/she did not have the intent or ability to pay the money properly. In addition, the defendant was able to use the money from the victim to pay his/her personal debt from the beginning, and there was no idea that he/she will be paid the interest
As above, the Defendant deceivings the victim as above and received KRW 5 million from the victim to the Defendant’s O account in the name of the Defendant for the borrowed money. From the above date to December 26, 201, the Defendant deceivings the victim in the same manner as indicated in attached Table 21-5 from the above date to December 26, 201, and deceivings the victim in the same manner as indicated in attached Table 21-5, and its deceivings five times from the victim.