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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. According to the summary of the grounds for appeal (the fact-finding) and the evidence submitted by the prosecutor, the court below found the defendant not guilty on the ground of misconception of the fact.
2. Determination:
A. The summary of the facts charged is that the Defendant already accumulated a debt amount of 48 million won, and even if the Defendant borrowed money from the victim C in absence of any other stable occupation, there was no intention or ability to repay the money, and even if the Defendant issued a lease deposit contract with the victim as collateral, the amount of the deposit was deducted from the security deposit due to the failure to pay the monthly rent at once. Furthermore, there was no intention to deliver the remaining deposit money to the victim, and thus there was no intention or ability to pay the debt amount to the victim as collateral.
1) On October 2009, the Defendant showed an attitude that he had shown to have the victim repaid by telephone, and the Defendant demanded to provide a loan and received KRW 3 million from the victim. 2) On December 22, 2009, the Defendant received KRW 10 million from the victim at the Seocho-gu Seoul Metropolitan D hotel coffee shop (hereinafter “Seoul Seocho-gu D hotel shop”) on the end of March and received the refund of KRW 18.6 million from the victim on April 9, 2009. The Defendant received KRW 5 million in cash from the victim and received KRW 1.6 million in total from the victim.
3) On January 25, 2010, the Defendant appears to have shown the Defendant’s attitude of paying off the phone to the victim, and demanded a loan and received KRW 1,50,000 from the victim. (b) The lower court’s judgment based on the adopted evidence, determined by the lower court: (i) the Defendant borrowed 2,760,000 won from the victim on December 8, 2009 (the Defendant borrowed 2,40,000 won from the victim; (ii) the Defendant actually joined the 2,00,000 won foot at the time of lending each money as stated in the facts charged; and (iii) January 20, 2010.