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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The victim of the mistake of facts or misapprehension of legal principles with respect to the defendant A has lent money to the same defendant without lending money to the defendant A, but the court below recognized that the victim had purely lent money to the defendant based on the victim's full intention and sentenced the defendant not guilty of the conflict with the defendant A. This is based on misunderstanding of facts or misunderstanding of legal principles and affected the conclusion of the judgment.
B. Each sentence of unfair sentencing against the Defendants (Defendant A: imprisonment of 2 years and 6 months, suspended execution of 3 years, Defendant C: fine of 2 million won) imposed by the lower court on the Defendants is too uneasible and unreasonable.
2. Determination
A. As to Defendant A’s assertion of misunderstanding of facts or misapprehension of legal principles as to Defendant A’s public conflict, the summary of the public prosecution 1) on October 13, 201 is difficult to find evidence that Defendant lent the victim (the 19-year-old victim) who was frightened to the Defendant at ordinary times on October 13, 201, to the Busan, and that it is necessary to rent money, and that he borrowed money to the Busan, and received money from the Defendant’s agricultural bank account from the frighten victim who was frighted to said money, and transferred 20,000 won to the Defendant’s agricultural bank account four times in total from that time. 2) The lower court determined that the Defendant was unable to repay money and did not interfere with the public conflict, and that it was difficult to find out that the victim was frighted by the police as a result of the investigation on the victim, and that this constitutes a case where the victim was not proven for the reason that he was the victim’s promise to the police and was not guilty.
3 In full view of the evidence duly admitted and examined by the court below, the following circumstances are acknowledged.