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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact misunderstanding 1) The money that the Defendant received from the victim E is leased to the victim E without any condition to expand his/her business through the Defendant, and the Defendant, as stated in the facts charged, did not deceiving the victim on the ground that funds are necessary for the operation of the C Association (hereinafter “Association”) or for the election of the president of the Association, as stated in the facts charged.
2) Since Defendant 1 borrowed money from the victim as mentioned in the above 1) and subsequently, Defendant 2 was unable to repay the case of separate embezzlement because it was not due to the fact that the case was committed, there was no intention to commit the crime of defraudation against Defendant.
B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. The following circumstances are acknowledged based on the evidence duly adopted and investigated by the court below and the court below, which is, from the time of the complaint to the court below, the victim: (i) from the time of the complaint to the court below, “the victim delayed the payment of subsidies from the LG, so the payment of subsidies to the Association operating funds is not sufficient; and (ii) the victim borrowed money from the defendant upon the request of the head of the association to “a request to lend money required for election expenses.” and (iii) grant a total of KRW 120 million to the defendant.
“A consistent statement to the effect that “” is consistently stated, and ② this conforms to the objective situation in which LG paid subsidies to the instant Association as a L Support Project at the time, and ③ the victim sent money to the Defendant’s personal account as the Defendant himself/herself guaranteed if the issue arises at the Association.
It was known that the defendant was not personally borrowed, but borrowed for the operating funds of the Association or operating expenses, and therefore, the defendant's words "whether or not the defendant is using a certificate of borrowing."
It was discussed that money was written by the Association.”
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