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The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The court below convicted the Defendant as to the facts charged, although he borrowed KRW 9 million from E as stated in the facts charged in this case, he merely borrowed KRW 8 million from E to F on behalf of him, and did not repay it to E on behalf of him, and did not borrow money from E from the beginning even though he did not intend to pay it from the beginning. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The sentencing of the lower court’s unfair sentencing (an amount of KRW 5 million) is too unreasonable.
2. Judgment on the grounds for appeal
A. In light of the following circumstances admitted by the evidence duly adopted and examined by the court below, we can find the fact that the defendant, even if the defendant borrowed money from the injured party but did not have the intent or ability to complete payment, he could deceiving the injured party and borrowed KRW 9 million from the injured party. Thus, the court below did not err in the misapprehension of facts as alleged by the defendant's assertion. Thus, the defendant's assertion of mistake is without merit.
As seen earlier, while recognizing the fact that the Defendant borrowed KRW 9.9 million from the injured party, the Defendant merely did not repay the said money to the victim because he agreed with the Defendant, F, and the victim to pay the said money to F, who is not the victimized party, and did not obtain the money from the victim.
The grounds for appeal are as follows.
① However, the victim stated consistently from the police’s investigation to the court of the court below that there was no agreement between the Defendant and F with the same content as the Defendant alleged by the Defendant, and ② the Defendant borrowed only KRW 20 million from F, but around June 3, 2016, “F” is KRW 29 million until August 31, 2016.