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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant borrowed money from the victim D such as the statement in the crime sight table against Defendant 1, 2012 Highestest 3165, 12, 13, 15, 16, and 22 on the crime sight table 1, 2012 highest 3165.
(2) Since the Defendant borrowed money to the victim with the words such as deception entered in the list of crimes, the Defendant borrowed money to the victim under the name of both 1, 17, 19, 20, and 21, the Defendant did not have any intent to commit deception and fraud.
(3) Now 14 and 18 Defendant borrowed money from the victim as set forth in Nos. 14, and Now 18 merely borrowed money by K does not mean that the Defendant borrowed money.
B) Although it was true that the Defendant borrowed the contents of deception as stated in the list of crimes, as to the list of crimes No. 2012 large group3218, the Defendant borrowed the contents of deception as stated in the list of crimes, the amount of KRW 17 million out of the borrowed money was repaid to L, and it was not repaid to L, and there is no intention to commit deception and fraud. 2) The punishment sentenced by the lower court of unfair sentencing (one hundred months of imprisonment) is too unreasonable.
B. In light of all the circumstances, including the fact that the prosecutor defendant does not have to repent, such as denying the criminal intent by fraud from the investigative agency continuously and the fact that the amount of damage is a large amount, the punishment sentenced by the court below (2 to 2 years and 6 months) is too unreasonable.
2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles
A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as follows: ① the husband of the victim D and the husband of the victim D (hereinafter “victim husband and wife”) is the victim’s husband and wife of the victim D (hereinafter “victim’s husband and wife”).
In relation to the Seo-gu Incheon Real Estate consistently from the police to the court of the court below, the bid bond, facility cost, survey cost, and existing survey cost.