beta
Text
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
(b).
Reasons
1. Summary of grounds for appeal;
(a) The punishment of Defendant A (eight months of imprisonment) is too heavy, (the defendant), or (the defendant) it is deemed unreasonable to carry out a humation
(B) The defendant explicitly withdraws his assertion of misunderstanding of legal principles on the date of the first instance trial.
Defendant
B1) Since misunderstanding of facts had the ability to pay money from the victim at the time of receiving money, it cannot be said that there was an intentional fraud for the Defendant. The lower court determined that the Defendant was in excess of the Defendant’s obligation on the basis of ex post facto, not at the time of receiving money from the victim. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) Even if the lower court found the Defendant guilty of unfair sentencing, the lower court’s imprisonment (six
2. According to the following facts and circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding Defendant B’s assertion of misunderstanding of facts, it is reasonable to view that the Defendant had no ability to repay money to the victim at the time of borrowing money from the victim, and at least there was no negligence in fraud.
The defendant's assertion of mistake of facts is without merit.
The Defendants borrowed KRW 40 million from the victim for 15 days on April 5, 2013, and agreed that the interest rate shall be 2.5% per month.
B. At the time of borrowing money from the victim, the Defendant closed the hospital operated in the former week on February 2013, and the Defendant was in the status of KRW 180,000,000,000 and the Defendant’s liability for loans to the bank was about KRW 600,000,000 to the hospital employees, including retirement allowances unpaid to the hospital employees.
In addition, the Defendant borrowed interest of KRW 130 million from A on February 20, 2013 to establish the instant member of the Council on February 20, 2013, KRW 300,000 per month, and the due date for payment on February 20, 2015.