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The defendant's appeal is dismissed.
Reasons
The main point of the grounds for appeal is that G is jointly and severally guaranteed when the defendant borrows money from the lending company, and there is no fact that the victim G received 35 million won from the victim G on November 18, 2015.
On February 19, 2016, KRW 30 million, out of KRW 58 million received from victims G, was repaid on February 19, 2016.
Therefore, the amount of defraudation against the victim G is not more than 28 million won. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.
Judgment
The defendant's assertion that the defendant's 58 million won out of the 58 million won acquired by the defendant from the victim G is not the name of our private purchase, but the victim G at the time when the defendant borrowed from the lending company, is a joint and several surety for it.
The following circumstances revealed by the evidence duly adopted and examined by the court below and the court below, namely, the defendant was in office as the head of the department leader in D in order to promote the defendant Eul. Thus, the defendant should have lent money to the victim Eul, so the defendant was given KRW 28 million on three occasions, and the defendant was given a payment of KRW 28 million to the defendant for the purchase of the loan. The defendant was requested to request joint and several surety when he was given a loan of KRW 30 million from the third financial rights of the victim G in the absence of any money to be given to the victim G. Around December 2015, he requested the victim G to provide joint and several surety for the above loan obligation of the defendant (Article 2, No. 74 of the evidence record No. 77 of the evidence record). Even if the defendant received a loan from the third financial rights as above, if he did not pay the loan from the victim G and paid the principal to the defendant directly in lieu of the victim's account, etc., even if he did not grant the cash transfer to G account.