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Reasons
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(영문) 광주지방법원 2017.08.17 2014노2943
사기등
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We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, C is angled.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below 1) Fraud as to KRW 30 million against C (the judgment of the court below 1) 30 million (the judgment of the court below 1)

1. Part) The Defendant borrowed a total of KRW 50 million from C on September 30, 2010, and KRW 50 million on October 6, 2010, on the pretext that he/she would pay interest of KRW 20 million per month by operating a secondhand shop, and that he/she used the remainder of KRW 30 million for the removal project.

However, the main reason why C lent KRW 50 million to the Defendant is that the Defendant was working together with C’s birth. The reason why the Defendant used KRW 30 million for the removal business is that the profitability of the removal business is better.

In addition, the Defendant repaid the above KRW 15 million among the above KRW 50 million.

Therefore, it is not guilty of fraud about C's KRW 30 million.

B) Fraud with respect to C 50 million won (as stated in the first instance judgment)

2. Part) The Defendant borrowed KRW 140 million in total from C on November 30, 2010, and KRW 140 million on December 6, 2010, under the pretext of the Defendant’s distribution of profits by seariing business, and the Defendant used KRW 90 million among them for seariing business and the remainder of KRW 50 million in total for removal business is recognized.

However, the main reason why C lends KRW 140 million to the Defendant is that the Defendant was in partnership with C’s birth, because the Defendant used the removal business to use KRW 50 million from L.

Therefore, it is not guilty of fraud about KRW 50 million for C.

2) The first sentence (one year and two months of imprisonment) of the lower court’s wrongful assertion of sentencing is too unreasonable.

B. Judgment 2 of the court below 1) Fraud as to X-Y's 30 million won for 30,000 won for 200 won (the judgment of the court below 2)

2. A. (i) The fact that the Defendant borrowed KRW 30 million from X-Y on June 1, 2012 is recognized.

However, the defendant 3.

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