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All appeals filed by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant (misunderstanding of facts) received not only KRW 30 million from the injured party on November 25, 2013, but also KRW 15 million from the injured party on November 25, 2013 with regard to the second re-crimes Nos. 2 attached to the lower judgment, and at the time, the head of the Tong and the Do were entirely managed by the injured party. In relation to the second re-crimes Nos. 5 of the same Table, the Defendant did not receive KRW 8 million from the injured party on April 9, 2014. In light of the fact that KRW 3 million was deposited immediately after the withdrawal of KRW 8 million and the victim’s insurance premium, etc., the above KRW 8 million should be deemed to have been withdrawn by the injured party.
In addition, the defendant did not have any intention to deception or deception the victim at the time of receiving money from the injured party.
B. According to the evidence submitted by the prosecutor (misunderstanding of facts), the Defendant acquired additional KRW 10,80,000 from the injured party on September 26, 2013 in relation to the second crime Nos. 1 of the List of Crimes attached to the judgment below and acquired additional KRW 2 million from the injured party on January 21, 2014 in relation to the second crime Nos. 3 of the same Table.
It shall be fully recognized.
2. The lower court determined as to the Defendant’s assertion of mistake of facts based on the evidence duly admitted and investigated by the Defendant, i.e., the following circumstances acknowledged by the evidence, i.e., the Defendant did not have any 300 million won or more of the children living in Australia at the time of receiving money from the injured party and did not have any 300 million won or more of the children (No. 1 of the evidence record No. 2, No. 89 of the evidence record), and ii the Defendant did not have the ability to repay
The statement was made (No. 1 of the evidence record No. 2, No. 89 of the evidence record), that is not to receive money from the victim or use money in the name of lending money to the victim, and ③ The above money on November 25, 2013, the victim received a loan of KRW 30 million in relation to the second re-crime No. 2 of the crime list attached to the judgment of the court below.