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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was aware that C and factory site development business was not engaged in the business and that the money received from C was borrowed from H, and received money under the pretext of repayment of the existing claim against C. Therefore, the lower court found the Defendant guilty of the facts charged in the instant case even though there was no conspiracy to commit the crime of fraud with C and C, was erroneous in the misapprehension of facts.
B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.
2. Judgment on the grounds for appeal
A. The summary of the facts charged 1) The Defendant, along with C, conspiredd with C to receive money from the victim H for the purpose of securing auction bid and construction cost for the above E forest land necessary for the progress of the project, while carrying out the project to develop the forest land in D, E, F, and G as factory site for the racing.
Accordingly, C is urgently needed to regard the land as auction at the J office operated by the injured party in Ulsan-gu, Ulsan-gu, Seoul around July 15, 2013.
The loan of KRW 100 million is short of three months, and even within six months, I want to complete the loan within 100 million.
“A false representation was made.”
However, the defendant and C did not have any special property or income at the time, and the prospect of the above factory site development project is also reliable.
Therefore, even if the injured party borrowed money from the injured party, the injured party did not have the intent and ability to repay it.
The defendant deceivings the victim as above and received 94 million won as the loan from the injured party on the same day.
Accordingly, the defendant was given property by deceiving the victim in collusion with C.
2) From the court No. 306 of the Ulsan District Court No. 306 of the Ulsan District Court, the Defendant appeared as a witness of the fraud case against the above court No. 2016 order No. 1975 C on August 22, 2016.
The defendant is the defendant (C) at the above court of law.