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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) The criminal defendant against the victim D is merely introducing C to D, and he/she was not willing to commit a crime with C or deceiving D.
(2) The Defendant, instead of C, received KRW 100 million from H, and did not deceiving H.
B. The sentence of the lower court’s improper sentencing (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. (1) According to the evidence duly adopted and examined by the lower court on the assertion of factual mistake, the Defendant and C have planned to use the corporation to establish and operate the business upon borrowing KRW 50 million from D, and even though there was no specific plan to return KRW 50 million to D after the two to three days and there was no specific plan to additionally pay KRW 10 million to D, the Defendant would lend KRW 50,000 to use KRW 50,000 to cover KRW 50,000 to clean up the management of the C gold leader and the securities. However, the Defendant would pay KRW 10,000 to D additional KRW 1,00,000 or KRW 2,000,000 in addition to KRW 5,00,000 after the two to three days, and C would provide money to D for two to three days after the two to three days.
It can be recognized that the defendant and C have received KRW 50 million after making a false statement, and according to the above facts of recognition, it can be sufficiently recognized that the defendant and C conspired with each other to deceptiond D and acquired money.
(2) According to the evidence duly adopted and examined by the lower court by the lower court, the Defendant was planned to borrow KRW 100 million from H to establish a legal entity by borrowing KRW 100 million, and there was no specific plan to repay KRW 200 million to H after three to four days, but the Defendant would pay KRW 100,000 to KRW 3 to four days.
The facts of deceiving H and defraudation KRW 100 million from H, the defendant did not call H that H will use KRW 100 million, and the fact that the cash custody certificate prepared to H was prepared in the sole name of the defendant, and H was prepared.