All appeals filed by the defendant and prosecutor are dismissed.
Summary of Grounds for Appeal
It is difficult to readily conclude that the victim’s statement that the Defendant lent the sum of KRW 30 million listed in the [Attachment 100,000,000 in cash] Nos. 110 and 11 of the List of Offenses (hereinafter “the List of Offenses”) to the Defendant at the time of borrowing the instant loan was not reliable. In addition, even if the Defendant knew that the Defendant’s operation of the place of massage treatment was illegal, the Defendant had no capacity to repay due to the economic difficulties at the time of borrowing the instant loan, and even if the victim was aware of the illegality of the Defendant’s operation of the place of massage treatment, the Defendant deceiving the victim as if there was no problem. Therefore,
The sentence of the court below on the grounds of unfair sentencing by both parties is too heavy or too unhued, and thus it is improper to conduct an examination.
First of all, the lower court determined that, insofar as the Defendant denies the receipt of the said money from the Defendant on the aggregate of KRW 30 million in 10,000,000 in the list of crimes Nos. 10 and 11, it is difficult to view that the Defendant was proven to the extent that it was true without any reasonable doubt that the Defendant borrowed the said money from the victim.
Next, it is difficult to conclude that the Defendant had no intent or ability to repay the total sum of KRW 50 million in 10,000,000 from September 2014 to the date of borrowing the crime list. Moreover, the lower court determined that it was difficult for the Defendant to deem that the Defendant was deceiving the victim in view of the circumstances such as the continuous payment of interest equivalent to KRW 70,000 from September 2014 to the date, and that with respect to the sum of KRW 10,000,000,000 in 3 or 7 of the crime list, the Defendant attempted to take over the marinanam-gu Seoul Metropolitan Government business for the loan use, as agreed with the victim.