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The judgment below
Part concerning Defendant B and C shall be reversed.
Defendant
B and C shall be punished by imprisonment for ten months.
(b).
Reasons
1. Summary of grounds for appeal;
A. Error of fact 1) Defendant B is the victim of this case, Defendant Jaria Co., Ltd. (hereinafter “J”)
(2) Defendant CJ borrowed KRW 200 million from the victim for the purpose of raising the purchase price of the instant friendship, and did not receive the money as the deposit for the credit service of the instant friendship from the victim, and did not deception as stated in the facts charged, and all the horses made by the victim were trusted and delivered to the victim as they are. As such, Defendant CJ did not intend to acquire the horses of the Plaintiff. (2) Defendant CJ borrowed KRW 200 million from the victim in order to raise the purchase price of the instant friendship, and did not receive the money as the deposit for the credit service of the instant friendship. Therefore, it did not err by deceiving the victim as described in the facts charged.
B. The sentence sentenced by the court below on unreasonable sentencing (one year of imprisonment, ten months of imprisonment, one year and six months of imprisonment, and two years of suspended execution) is too unreasonable.
2. Determination
A. The evidence duly adopted and examined by the court below and the trial court and the following circumstances, i.e., the victim consistently purchased the instant letter of interest from the investigative agency to the court below. As the victim consistently purchased the letter of interest from the defendant B from the investigative agency to the court below, the victim stated that he would create the instant letter of interest and the right to manage the letter of interest and the right to collateral security to secure it upon the payment of KRW 200 million; ② the defendant B introduced the letter of interest and the letter of interest to the victim to enter into the instant service contract; ② the fact that the victim introduced the letter of interest and the letter of interest to the victim to enter into the instant service contract at the time of the formation of the above service contract; ③ the lessorJ, the deposit amount of KRW 20 million, the period of the instant service contract shall be for 10 million from October 19, 2012 to the payment of KRW 60 million in monthly income.