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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding [the fraud (the fraud (the fraud) among the facts charged in the indictment for fact-finding] The defendant sufficiently explained that the victim's financial standing of the LA operated by himself/herself is difficult, and then requested to prevent the default of checks to receive the money from the victim, and there was no intention to obtain the money at the time.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts.
B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.
2. Determination
A. We examine the argument of mistake of facts. The defendant's acquisition of L, one of the circumstances properly explained by the court below, was not a company that pays profits through normal business activities as a company that has only the current account. The defendant was not a company that has no property under his own name, and there was no other way to pay borrowed money in addition to raising funds due to bad credit due to violation of the Control of Illegal Check Control Act. The defendant was well aware of the fact. Furthermore, the defendant was insolvent on March 22, 2016 for the current number of shares issued in the name of M, one of which he actually operated, M, and the one issued in N, one of which he acquired, was subject to a disposition of suspension of transactions on October 10, 2016. The defendant was not aware of the fact that he did not lawfully pay the borrowed money to the victim, but he was not aware of the fact that he had paid the borrowed money under his own name from Sep. 22, 2016 to Oct. 4, 2016.