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The defendant's appeal is dismissed.
The request of the applicant for compensation shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, misunderstanding of legal principles, at the time of the Defendant’s transfer of F to the victim, the victim was capable of repaying the loans (from September 2013 to December 2, 2013), and the victim’s failure to cause business change was due to the fact that the victim was unable to repay the loans by receiving demand from the Gwangju Bank for repayment of the total amount of KRW 100 million additionally borrowed from the Gwangju Bank around September 2014 at the time of the request for business change, and thus, the Defendant did not have any capacity or intent to repay the loans at the time of business transfer.
(2) the Corporation; and
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. The following facts and circumstances acknowledged by the lower court’s determination on the Defendant’s misunderstanding of the facts and legal doctrine were duly adopted and investigated by the lower court, namely, ① the Defendant made an oral agreement to transfer the Defendant’s Fund to the victim on September 10, 2013; ② the Defendant received and operated the said F from the date on December 3, 2013 by transfer; ② the Defendant shall be the victim and the said FF’s transfer proceeds as KRW 400 million, and the amount actually paid KRW 210 million, excluding the transaction partner’s goods to be received by the victim; ③ the Defendant agreed to receive KRW 10 million each month in installments; ③ the Defendant paid the money in full by paying the money to the victim as collateral for lease on a deposit basis, and ④ the Defendant received KRW 9 million from the victim on March 3, 2014, and the Defendant agreed to receive KRW 10 million from the victim on April 21, 2014 to the payment of the transfer proceeds.
The victim decided to transfer F to J the said cash and card sales from March 2014 to December 2014 (the sum of the cash and card sales received reaches KRW 21,6510,000) and contact the Defendant.