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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant was issued a cashier’s check with the face value of 500 million won for the purpose of promoting the instant project under the partnership relationship of the C Development Project (hereinafter “instant project”) from the victim B, not by deceiving B under the pretext of verifying the credit of B, but by deceiving B, and actually, the Defendant’s Chok Z actually led the instant project through AH, the representative director, and is at the end at the present.
The defendant is not a personal borrowing of a cashier's check, which causes 35 million won per face value, in terms of the establishment cost of a corporation that implements the business of this case from the victim B.
The defendant is not by deceiving the 15 million won from the victim G in terms of the cost of creating the security right, but merely borrowing it personally.
Nevertheless, the lower court found the Defendant guilty of all the charges of this case, thereby adversely affecting the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, namely, the Defendant paid 84.1 billion won to the victim B of the instant project in full, and it is necessary to verify whether he/she has the ability and credit to promote the instant project. First, it is necessary to confirm whether he/she has the ability and credit to promote the project. Accordingly, 50 million won is cut down by a check, which means that the Defendant shall confirm and return the credit and credit of the party within 10 days.” On July 13, 2017, the Defendant issued one cashier’s checks having the face value of 50,000 won from the victim B, and “the victim B was a representative director for the instant project.”