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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. On February 14, 2013, Defendant 1: (a) was paid KRW 30 million to the victim E for the repayment of his/her debt; (b) did not deceiving the victim, thereby deceiving the victim; and (c) did not directly withdraw KRW 50 million from the victim’s account to the branch of the Busan Busan Agricultural Cooperative Co., Ltd.; and (d) did not directly withdraw KRW 50 million from the victim’s account.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.
2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the Defendant’s assertion of mistake of fact: ① The Korea Land and Housing Corporation deposited land and housing compensation for the victim E; ② KRW 59,216,700,000, which deducted the Defendant’s obligation from the said deposit money, was remitted to the Defendant’s agricultural bank account of the victim on February 14, 2013; ② the victim’s deposit account in the agricultural bank of the victim was deposited in cash was deposited in cash; ② the victim’s withdrawal of the deposit money in cash is somewhat unclear as to the reasons for the withdrawal of the deposit money in cash; however, the police consistently and specifically, from the court of the court of the court of the court below to the court of the court of the court of the court below, the Defendant withdrawn the deposit money with the Defendant’s help, and the Defendant paid the deposit money only once he borrowed KRW 50 million from the deposit money.
In other words, the defendant lent KRW 50 million to the defendant, and thereafter, he stated that he received two copies of a loan from the defendant, and therefore credibility exists, and the defendant promises on May 25, 2013 that he borrowed KRW 30 million to the victim and repaid it until September 30, 2014.
“I swear to borrow 20 million won and to repay by September 30, 2014” and “I swear to borrow 20 million won and repay by September 30, 2014.
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