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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the fraud of January 14, 2014, the Defendant: (a) borrowed KRW 10 million from the damaged person; (b) subsequently, it was difficult for the Defendant to take advantage of the profits from farming activities on the wind that was involved in the traffic accident; and (c) paid KRW 5 million around May 2014; and (d) there was the intent of the Defendant to obtain fraud.
shall not be deemed to exist.
B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.
2. Determination
A. The lower court, based on the evidence duly admitted and investigated by the lower court, took the following circumstances, namely, ① the Defendant borrowed KRW 10 million from the Defendant’s investigative agency, stating that the Defendant was in need of money in purchasing the de facto marry to the victim. Of that, the amount of KRW 4 million was used for other purposes, such as reimbursement of existing debts and living expenses.
The Defendant stated that the Defendant was unable to fully repay KRW 20 million borrowed from the injured party as stated in the facts constituting the crime No. 1 of the judgment, as stated in the judgment,