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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. 1) As to the fraud, the Defendant thought that, in the case of the obligation owed to K, the obligation owed to K was not personal debt at the Gwangju Savings Bank. In the case of the obligation owed to L and M, the above obligees were not given any money.
I think that there is no personal obligation, and stated that there is no personal obligation against the third party to the victim.
Therefore, the defendant committed deception with the intent to commit the crime of deception.
shall not be deemed to exist.
B) Even if the Defendant’s deception is recognized, the process of verifying the victim’s personal debt against the third party is merely a formality and does not affect the injured party’s execution of the loan. Therefore, there is a relationship between deception and disposal.
shall not be deemed to exist.
2) 도박의 점에 관하여 피고인은 G의 권유를 받고 재미 삼아 윷을 던졌을 뿐 도박을 한 사실이 없다.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 6 million) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as to the fraud, it is recognized that the Defendant, even though the Defendant did not have the intent or ability to repay the loan or interest even if he/she received a loan from the injured party, by deceiving the injured party and deceiving him/her total amount of KRW 20 million.
Therefore, the defendant's assertion of mistake on this part is rejected.
① On April 26, 2016, the Defendant agreed to borrow a loan of KRW 20 million from the victim company to repay the principal to 27.9% per annum, the date of payment of interest, the 25th day of each month, and the 60-month interest and the 60-month interest, respectively.
(2) A victim company shall investigate the applicant's residential conditions, income status, debts, etc. on the basis of the applicant's loan application and accompanying documents, and provide telephone counseling to the applicant and provide loans based thereon.