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The judgment below
The remainder except the non-guilty part shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles as examined below. ① Fraud as to D as to paragraph 2(a) of Article 2 of the judgment of the court below is erroneous or misunderstanding of legal principles as examined below. ② The Defendant’s 2 million won, which the Defendant received from D, was paid as stamp, service fee, and collection expenses incurred in debt collection procedures, and is not paid as attorney’s appointment. ② Fraud as to G as set forth in paragraph 2(b) of the judgment of the court below: A list of crimes in attached Form 2(b) of the judgment of the court below (hereinafter “crime
(3) Of the number 1, the part of KRW 5 million on January 12, 2011, as of January 12, 201, was repaid to G, and the Defendant received KRW 158 million from G. However, it was recognized that the Defendant received KRW 158 million from G. However, it was paid as the amount of money to assist the Defendant in receiving death insurance proceeds in relation to the funeral of G. ③ The fact of fraud and good offices against the J. 3 J. (3) of the lower judgment: the Defendant merely borrowed KRW 100 million from J as a mere loan, not from the Financial Supervisory Service, etc.; 2) in light of the various sentencing conditions in the instant case of unfair sentencing sentencing, the lower court’s imprisonment (two years of imprisonment) against the Defendant is too unreasonable.
B. Of the facts charged in the instant case by the public prosecutor, as of February 1, 2012, the fraud of KRW 1 million against the victim G is deemed to be sufficiently recognized, considering the evidence duly submitted by the public prosecutor, including the victim G’s consistent statement and the evidence duly submitted by the public prosecutor. However, the court below acquitted the Defendant on the ground that this part of the facts charged constituted a case where there is no proof of a crime, and thereby, it erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Determination
A. The defendant's assertion of mistake of facts or misapprehension of legal principles is 1.