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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although there was no fact that the Defendant, under the pretext of consolation money with her husband on November 24, 2008, received a total of KRW 10 million from her husband around January 28, 2009 and KRW 20 million around January 28, 2009 (Article 7 of the Criminal Act in the judgment of the first instance; hereinafter “paragraph (7)”), the lower court convicted the Defendant of this part of the charges, thereby adversely affecting the conclusion of the judgment, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. The summary of the facts charged under Article 1(7) of the judgment on the assertion of mistake of facts is that the husband of the defendant is a multi-stage project since around September 2006, when the defendant was working in the same building as the victim C, who is an instructor of the school of education, as an instructor of the school of education.
Even if a person becomes bankrupt and has no property owned by him/her, such as lending money from another person to repay the existing debt, and even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay the debt, he/she would have borrowed money from the victim, but he/she was not able to receive a high interest payment. A high interest income is owned by Dodong apartment and Sungbuk-dong Housing in Seoul. The owner of a high interest income with a fixed number of days of bonds. The owner of Dodong apartment and Sungbuk-dong Housing are owned by Dodong Housing in Daegu. The owner of an orchard to be expropriated as an apartment site in Gyeonggi-do. The owner of the Gudong-dong apartment site is owned by Dodong apartment and Sungbuk-dong Housing in Gyeonggi-do. It is true that the Plaintiff had a reasonable re-payment, and it was committed as if there was a considerable re-payment.
Therefore, the defendant, around November 24, 2008, said that "the defendant would make a divorce with male letter, and her husband would demand to lend 20,000,000 won as consolation money to her husband, and make a high interest from the victim's place," and that he/she belongs to this case on January 28, 209.