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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) 2016 Height9516 case: (a) Ga benz 350 new price for the purchase of benz vehicles is 140,500,000 won; (b) reliance on the Defendant’s horse that the victim D and E may purchase the said vehicle at KRW 50,000,000,000 is not trustable in light of general sense; and (c) the Defendant used the said money for the delivery of the vehicle.
There was no deception of victims and there was no intention to commit a crime by fraud against the defendant.
B) The Defendant’s fraud of the borrowed money related to the land of the Bagjin-gun is not the borrowed money but the investment money. The Defendant did not deceiving the victims, and the Defendant did not have any criminal intent to commit fraud. (c) The apartment price of each apartment purchase price in F, Lho-gun, and Lho-gun is KRW 1.7 billion each, in that the apartment market price of the above apartment was above KRW 1.7 billion, the Defendant’s statement that the Defendant would be able to purchase the above apartment at KRW 500 million to the victim D, E, and M is not consistent with the general sense, and thus, is not reliable.
The defendant lent funds received from the victims to X/Z to E to explain in detail the process of purchasing apartment buildings in the name of the above corporations, but did not complete the registration of ownership transfer to the victims due to the circumstances of the above corporations.
There was no deception of victims and there was no intention to commit a crime by fraud against the defendant.
2) On February 24, 2011, 201, 201, KRW 12.6 million, which the Defendant received from the victim E, is not a loan, and the Defendant did not have deceiving the victim E, and the Defendant did not have the intent to commit the crime by deception.
B) On June 3, 2011, the Defendant paid KRW 3 million to the victim E through W. As such, the Defendant did not deceiving the victim E, and there was no intention to commit the crime by defraudation against the Defendant.