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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. On October 16, 2010, the Defendant asserted mistake of facts: (a) borrowed money from the victim E through G to repay the principal and interest by November 20, 2010; and (b) transferred the ownership of part of the sports I forest land in the event of nonperformance; (c) at the time, the Defendant had the ability to repay with sufficient property; (d) not only had the ability to transfer the ownership of part of the sports I forest land.
In addition, around April 30, 2005, the Defendant borrowed KRW 80 million from the Victim K to cancel the provisional registration established in the Gyeonggi-gu M and N Forest around April 30, 2005, and the Defendant paid the above borrowed money to the O after consultation with theO on the cancellation of provisional registration. Therefore, the Defendant did not have the intention of defraudation.
Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts.
B. In light of the overall sentencing conditions of the instant case’s allegation of unfair sentencing, the lower court’s sentence (two years of suspended sentence in June and two years of suspended sentence in August) is too unreasonable.
2. Determination
A. (1) The summary of this part of the facts charged is as follows: (a) on October 16, 2010, the Defendant: (a) on the part of the charge of fraud against the victim E, the Defendant purchased 15,62m2m2 from H to G in the packaging horse operated by G in Gyeonggi-gu, Gyeonggi-do; and (b) on November 20, 2010, if the amount is short of the payment, the Defendant would pay KRW 60 million plus interest KRW 20 million until November 20, 2010; and if the principal and interest are not paid, the Defendant would calculate the ownership of the said forest as KRW 350,000 per square day and transfer the name in the size corresponding to the principal and interest amount after receiving the ownership of the said forest as KRW 3.5 million; and through G, the Defendant would pay KRW 1,562m2 to the victim E by January 20, 2010.