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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In fact, the Defendant issued a check and got the victim to teach the victim, and only the delivery date was wrong, and thus, did not intend to deceive the court.
2) Unreasonable sentence of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. Determination
A. In the lower court’s determination on the Defendant’s assertion of mistake of facts, the Defendant alleged to the same effect as the grounds for appeal, and the lower court did not accept the Defendant’s assertion on the grounds as indicated in its reasoning, and we accept the lower judgment’s determination by comparing the reasoning of the lower judgment with
In addition, if the defendant, as alleged by the defendant, actually has a claim for a loan to the victim, and only the date on which the receipt slip was issued is dismissed, only the cause of claim for the part of KRW 20 million should be changed from the appellate court of the ongoing civil procedure. In addition, the return of the loan of KRW 30 million, which was remitted separately to the account in addition to the amount of KRW 20 million, cannot be easily accepted in light of the empirical rule by withdrawing the entire appeal in the civil procedure where the defendant sought the return of the loan of KRW 30,000,000,000 to the account.
In full view of these points, the court below did not err by mistake as alleged by the defendant.
B. The instant case is that the Defendant, by deceiving the court by false assertion, attempted to defraud the victim of the crime of KRW 20 million, but is merely an attempted crime, and the quality of the crime is not weak in light of the method of punishment.
However, in the appellate court of civil procedure as stated in the decision of the court below, the defendant voluntarily withdraws an appeal and has no risk of occurrence of the result, the defendant has no criminal record for the same kind of crime, and there are other circumstances favorable to the defendant such as the defendant's intention.