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The judgment below
Of the attached table 1 of crime sights 14, 17, 23, and 24, each fraud, and the attached table 2, 4, and 2.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts (as to the part of the crime (attached Form 2 No. 5 and No. 9-11)), although the Defendant received benefits, etc. from the victim in a legitimate manner, he/she was paid 40 million won for his/her school expenses for his/her study, etc. in the sense that his/her father and wife received benefits, etc. from the victim in a timely manner, and that his/her father and wife received 40 million won for his/her school expenses for his/her study, etc., and there was no fact that his/her father and wife deceivings the victim to borrow and take over 40 million won.
Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misapprehending the facts against the rules of evidence.
(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (eight months of imprisonment) is excessively unreasonable.
B. On August 2010, when the person who first proposed the sale of the commercial building of this case under the name of the company's expense (attached Form 1), the prosecutor (1) misjudgmentation of facts (a) made it difficult to carry on the business, and the related persons proposed to carry on the business by using a different method to the victim, and around September 2010, the defendant became the representative director of the company (hereinafter "the company of this case") and led the business. On the date when the business of this case started and related persons were absent from the partnership, and the defendant was the representative director, the method of carrying on the business of the time when the business was led. The victim should have paid money to the defendant on the grounds of each time, whether the defendant actually used the money received from his personal account, and whether the money was actually used to the victim as the corporate account, and so on. However, the judgment of the court below acquitted the victim of this part of the crime by mistake.