beta
Text
The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. The Defendant had an intention to repay the money borrowed from the victim, and there was no intention to obtain the money by fraud.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.
2. Determination
A. 1) The court below found the Defendant guilty of the charge of this case on the ground that the Defendant borrowed money from the victim as if he did not accurately confirm the credit rating of the Defendant where the Defendant would be able to repay the existing debt with the money received from the victim, whether the loan would be made to a certain extent, how he would be able to repay the existing debt with the money borrowed, and how he would be able to repay the money to the victim with the money borrowed money in a short term without properly notifying the financial status of the victim. The Defendant is aware that he could not repay the money in the future, even though he was aware that he could not be able to do so, he could not pay the money in the future, and at least by deceiving the victim with the intention of defraudation, and at least by deceiving the victim with the intention of defraudation. 2) In addition to the following circumstances that the court below can be recognized by the evidence duly adopted and investigated by the court below, the Defendant can be recognized that the Defendant borrowed money from the victim with intent to borrow money, despite being unable to do so.
The judgment of the court below is just and there is no error in the misapprehension of legal principles or mistake of facts alleged by the defendant.
Defendant’s assertion of mistake and misapprehension of legal principles is without merit.
① At the time of borrowing money from the victim, the Defendant provided that “the Defendant shall repay the money with a high credit rating and with additional loans received from the victim,” and the Defendant extended a loan to the Small and Medium Business Corporation amounting to KRW 100 million on February 2, 2018 after having repaid his/her card or loan borrowed from the victim.