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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Error of facts (as to Article 1-1(a) and (b) of the Criminal Act in the original judgment, the Defendant does not lend money to the Defendant that he was deceiving from E or M and invested in the business fund.
Nevertheless, the court below found the defendant to have lent the amount equivalent to half of the profit of the above loan business upon the request of E and M for the project funds for mobile phone mortgage loan, and found the defendant guilty of this part of the charges. Thus, the judgment of the court below is erroneous in the misunderstanding of facts and affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, probation, and 120 hours of community service order) is too unreasonable.
2. Determination:
A. (1) As to the assertion of mistake of fact, the following circumstances acknowledged by the health belt, the original judgment, and the evidence duly adopted and examined by the court below as to whether or not the defendant lent money to E and M (hereinafter “the evidence of this case”), namely, ① E and M consistently stated from the investigation agency to the original trial court to the effect that “the defendant borrowed the fund for the operation of pawnban and the fund for the business of resale of the mobile phone,” ② they stated that there was no solicitation from the defendant to make an investment in the business of resale of the mobile phone, ② the defendant has consistently lent money to E and M, and there was no statement from the investigation agency to the fact that the defendant had consistently made a statement that he contributed to the investment in the business of resale of the mobile phone, ③ all of the funds set forth in No. 1 of the attached list of crimes in the judgment of the court below. However, according to the E and M’s each statement, some of the above funds are not the fund for the business of resale of the mobile phone but the fund for the operation of the pawnban and the existing loan.