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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B. Defendant A’s appeal is dismissed.
Reasons
1. The summary of the grounds for appeal does not have any fact that the Defendants conspired to acquire money from the victim, and there is no fact that they deceiving the victim since the health of the Defendant A is not very good at the time.
Nevertheless, the lower court found the Defendants guilty of charges, and thus, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. On June 20, 2012, the summary of the facts charged of the instant case: (a) Defendant A introduced the victim D to Defendant B around April 2012; and (b) Defendant B, who received money from the victim under the pretext of living expenses, related maintenance expenses, etc., offered to obtain money from the victim by pretending that Defendant A was infected with the waste cancer.
Accordingly, on August 2013, Defendant A made a false statement to the effect that “I have come to a hospital” to the victim at a mutually infinite restaurant located in Leecheon-si, Leecheon-si, and that I would be able to live. The three years may be considered. The body and well-known, and the treatment should be provided, and the treatment should be provided.” The Defendant B made a false statement to the effect that “I would like to have been provided only 30,000,000 won to the victim. I would not have become aware of the fact that I would have come to less than three years, and would have to be responsible for the payment of money to the victim, and would have to be repaid.”
However, in fact, Defendant A did not have received any hospital diagnosis with respect to a pulmonary disease, and Defendant B was in a state of living with the victim’s economic support, and thus, Defendant B borrowed money from the victim.
Even if there was no intention or ability to repay it.
From August 28, 2013, the Defendants conspired as above to induce the said victim to take a security loan of KRW 20,000,000 on the land owned by the victim at the Leecheon-si Forestry Cooperatives as security and then on September 4, 2013.