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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as stated in the facts of the lower judgment, did not deceiving V to return the KRW 100 million check to L, as otherwise stated in the lower judgment.
B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too heavy.
2. Judgment on the assertion of mistake of facts
A. In full view of the adopted evidence, the lower court determined that: (a) based on the following circumstances, i.e., ① loaned agreements with X under the name of X for the payment of the subscription price for shares issued by the M Bank; (b) X was unaware of the loan agreement and progress between L and V; (c) the Defendant, and the Defendant, and C did not actively demand the return of the check; (b) the Defendant was in the form of loan agreement between L andV; and (c) the Defendant was present at the loan agreement between L andV; and (c) the instant check was put to V as part of the loan fee; (c) the Defendant separately paid KRW 30 million to V as part of the loan fee; and (d) the Defendant requested the return of the check, and determined that the instant check was the victim’s KRW 100 million returned by the Defendant.
In such circumstances, the lower court determined that the Defendant: (a) found V without consultation with L and caused the Plaintiff to return the instant check to L; (b) used the check immediately after the Defendant was returned from V to A and C; and (c) offered that C used the check after being returned to the Defendant; (b) the Defendant was present at the place where the Defendant requested the return of the check; and (c) A was present at the place where L and Q were requested to return the check; and (d) was present at or involved in the loan agreement with the Defendant, C, etc. in the order where L and Q were in progress, even after the loan agreement between L and Q was non-existent; and (c) was jointly with the Defendant and C.