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Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B1) misunderstanding of facts, misunderstanding of legal principles (the fraud of the victim C and D in 2019Dadan906), the Defendant, a Japanese cartoon, borrowed KRW 20 million from the victim C for business purposes, such as royalties for collaboration with AS. On July 2016, the Defendant paid the above cartoon amounting to KRW 8 million through the payment system in Q Q Q. The remainder was used for business funds and living expenses, and thereafter, the Defendant failed to repay the borrowed amount.
As such, the Defendant did not have any intention to obtain money when borrowing the above money, and there was no intention to obtain money by fraud.
Nevertheless, the lower court found that the Defendant did not pay royalties with the borrowed money borrowed from the victim solely on the ground that the details of remittance from the account that the Defendant received KRW 20 million from the victim was not immediately made to the Japanese cartoon, and that the Defendant did not have any intent or ability to repay the borrowed money. In so determining, the lower court convicted the Defendant of this part.
B) After receiving the clothes from the victim D, the Defendant did not pay the price properly to the victim, and did not have any criminal intent to acquire the clothing supplied without the intention or ability to pay the price. Nevertheless, the lower court erred by recognizing that the Defendant, even though there was no intention or capacity to pay the price for the clothes, would have received the clothing equivalent to KRW 76,194,175 from the victim and acquired it by fraudulent means. In so doing, the lower court found the Defendant guilty of this part. 2) The lower court’s punishment on the Defendant B (one year and four months of imprisonment, and confiscation) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts, misunderstanding of legal principles (the part not guilty of Defendant B’s fraud reasons) and Defendant B conspired with Bospishing staff to commit the crime, and there are other withdrawals and remittances.