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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The request of the applicant for compensation shall be dismissed.
Reasons
The summary of the grounds for appeal is as follows: (a) the Defendant did not have received KRW 11250,000 in cash from the injured party (No. 19 of the judgment of the court below); and (b) the remaining money was paid from the injured party; (c) however, the payment was made by the injured party for the bond business at the same time or merely by means of a personal short-term lending and borrowing of money.
The sentencing (one year of imprisonment) of the lower court is too unreasonable.
The above sentencing of the court below by the public prosecutor is too unfortunate and unfair.
Before the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the prosecutor examined the following facts: "The above apartment was purchased under the name of the defendant's wife on Nov. 1, 2007, and sold on Jan. 2008," and "the above apartment was owned by the defendant's wife on Sept. 18, 2007, the maximum amount of the claim amount of 260,000,000 won on Sept. 18, 2007, and the central credit cooperative for the defendant's own credit was established on Sep. 19, 2008, the mortgage was established with the maximum amount of claim amount of 120,00,000,000 won on Sep. 19, 2008, the court applied for changes to the above apartment to the effect that it was no more valuable value such as additional establishment of the right to collateral for the mortgagee and thus it cannot be changed to this judgment.
However, despite the above reasons for reversal ex officio, the defendant's assertion of misunderstanding the facts is still subject to the judgment of this court, which will be examined below.
The following circumstances acknowledged by the evidence duly adopted and investigated by the court below whether the injured party provided cash 1,1250,000 won to the accused (No. 19 of the crime list attached to the judgment below). In other words, the victim around September 9, 2008 at the investigative agency and the court of the court of the court below.