beta
Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not more than ten months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) under the circumstance that a contract for mistake of facts between the Defendants becomes null and void due to the lack of Defendant’s financial resources, Defendant A asked Defendant A to find the lender who secured the instant building. Defendant A introduced the victim in order to lead the invalid joint project contract, and thought from Defendant B that the former part of the instant building had been residing free of charge, and there was no problem in the collateral value, and only Defendant A was expected to perform the joint project contract and was at the risk of becoming the debtor. Defendant A did not have a deceptive act, and there was no scope of fraud. 2) The sentence of the lower court of unfair sentencing (no less than 10 months) is too unreasonable.
B. Defendant B’s imprisonment (ten months of imprisonment) is too unreasonable.
C. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.
2. The lower court found the Defendant not guilty on the ground that there is insufficient evidence to prove the crime of fraud as to the portion of KRW 16 million, which was deducted from prior interest, etc. among the facts charged that “The Defendant conspired in collusion but did not have the intent and ability to repay the loan by the agreed date, by deceiving the victim on November 21, 2017, and obtained 100 million won from the victim for the purpose of the loan,” and thus, found the Defendant guilty on the part of KRW 16 million, which was not actually granted, on the ground that it was not sufficient to prove the crime.
However, if the first instance court has found only a part of the facts charged in the relation of simple crime, even if only the defendant appealed, the appeal shall be filed in whole, and the part of acquittal in the first instance shall also be subject to the appellate trial (see, e.g., Supreme Court Decisions 91Do884, Jun. 25, 1991; 2000Do500, Feb. 9, 2001).