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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the facts of the crime No. 1 in the judgment of the court below, with regard to the defendant, he borrowed money under the name of living expenses which is not the name of the owner of the project, and the victim was well aware of the defendant's difficult economic situation at the time of the loan, and with regard to the crime No. 2 in the judgment of the court below, the defendant did not say that the value of the forest of this case was 5 billion won to the victim, and the defendant believed that the forest of this case was a valuable product and used the money for that purpose, and the defendant was believed as the victim and used the money for that purpose, and the defendant did not deceiving the victim, the court below convicted all the facts of the
B. The sentencing of the lower court is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., the victim, consistently in the investigative agency and the lower court’s court, consistently with the following circumstances:
On January 14, 2008, the defendant delivered KRW 2.5 million to the defendant under the pretext of the contract for electrical construction. ② In addition, the victim, in the investigative agency and court of the court below, stated that the forest of this case was serious and the market value was approximately KRW 5 billion, and the defendant would sell the forest of this case to pay its existing obligations.
On the other hand, I believe this and consistently stated money to the defendant as stated in the list of crimes in the judgment below. 3 Even according to the defendant's statement, the defendant purchased the forest of this case at KRW 50 million from a person who is not aware of the name in light of H around 1998, and there was no objective ground that the forest of this case is valuable and is worth KRW 5 billion, and the forest of this case on April 16, 2010.