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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not defraud 10 million won from B.
G Co., Ltd. (hereinafter referred to as “G”) has the Defendant’s unpaid benefits, and 10,000 won out of the discounted amount is paid to the Defendant when G received a bill from B, and B is not the Defendant’s credit, but the Defendant believed the credit of G and paid KRW 10,00 to the Defendant.
Nevertheless, the court below recognized that the defendant acquired 10,000 won from B as the borrowed money, and there is an error of misconception of facts.
B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.
2. In full view of the following facts and circumstances acknowledged by the lower court based on the evidence duly admitted and examined by the lower court, the Defendant is recognized as having borrowed KRW 10 million from the first patrolman M Co., Ltd. (hereinafter “M”), but it appears that G had the intent and ability to have had the Defendant repay the said KRW 10 million to M. The evidence submitted by the prosecutor alone is insufficient to deem that the Defendant had no intent and ability to repay the said KRW 10 million at the time of borrowing.
Therefore, the defendant's above assertion that there was no intention to commit fraud or deception is reasonable. A.
G is at the discount of bills issued by G through N (N) and M is at the discount of bills issued by G through N. G and M are at the lending of bills. G and M are at the discount of this, and on December 4, 2015, G issues an electronic bill with the issue amount of KRW 100,000,000 issued on March 18, 2016, and M issues an electronic bill with the maturity of KRW 25,00,000,000 within December 9, 2015, and KRW 25,000,000,000 for cash within December 15, 2015, and the remaining KRW 50,000,000 as at March 11, 2016.
Therefore, G shall be responsible for the payment of bills by issuing bills of KRW 100 million, and it shall be out of the discount of bills.