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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts: (a) out of the money paid by the victims to the Defendant, KRW 3 million paid by the victim E on July 20, 201, KRW 2 million paid by the victim E on August 10, 201, and KRW 3 million paid by the victim F on January 13, 2012, it is not a loan to the Defendant that the said victims paid as support money to assist the Defendant in the activities of the Plaintiff’s D Self-Governing Council Chairperson.
(2) When the Defendant borrowed money from the victims, the Defendant had the intent or ability to repay the borrowed money.
Nevertheless, the court below found all of the facts charged of this case guilty. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the Defendant’s assertion of mistake, the fact that the Defendant received money from the victims as the borrowed money as stated in the instant facts charged can be fully recognized.
This part of the defendant's assertion is without merit.
① A victim E and F have consistently stated that all the money paid by the above victims to the Defendant from the investigative agency to the court of the court below is a loan.
(2) On July 20, 201, the Defendant: (a) from the victim E on July 20, 201; (b) the same year;
8. 10,200,000 won per month, 15,000 won per month, and the same year;
9. On October 7, 2012, the Plaintiff received a total of KRW 20 million from 15.15.1 million. On October 31, 2012, the Plaintiff prepared a loan certificate stating that 18.5 million won will be repaid to the victim by December 31, 2012.
③ The monthly income of the victim E was 1.2 million won, and the monthly income of the victim F was 2.5 million won.
(4) A victim E shall be the defendant on July 20, 201.