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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) As to the 2017 Highest 480 case, the Defendant did not make any false statement with the victim C as stated in each facts charged, and the victim extended money to the Defendant under the circumstances sufficiently known to the financial status of the Defendant.
In particular, in the case of paragraph (1) of the criminal facts stated in the judgment below, there was no false statement that the name of the loan was the purpose of proving the balance of the passbook, and 47 million won was repaid after borrowing KRW 40 million.
In the case of the crime No. 2 of the judgment of the court below, it is only a lease contract concluded for the purpose of using the victim by requesting the victim to deliver the monthly rent if the defendant pays the monthly rent unless there is any circumstance.
In the case of the crime No. 3 of the judgment below, only the victim invested in the defendant as a partner.
Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous and adversely affected by the judgment.
2) The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.
B. Prosecutor 1) The judgment of the court below which acquitted the Defendant of this part of the facts charged, even though the fact that the Defendant acquired by deceit as recorded in the facts charged was recognized as to the fraud of KRW 21.3 million as to the misunderstanding of facts D, is erroneous in the misapprehension of facts and thereby
2) The sentence sentenced by the lower court is too unhued and unreasonable.
2. Judgment on the Defendant’s assertion of mistake of facts
A. The lower court determined that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant was aware of the fact of deceiving the Defendant as stated in the lower judgment.
① The Defendant committed each of the instant frauds, after forming a monetary transaction relationship with the victim with trust by emphasizing the victims’ re-influence, made the victims continue to engage in financial transactions with the Defendant.