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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Of the facts charged in the instant case, fraud against F.
Reasons
1. Summary of grounds for appeal;
A. As to the fraud against the F found guilty by the lower court, the lower court found the Defendant guilty of this part of the facts charged even though the Defendant was bound by the suspected crime, such as fraud against C before the due date, and the Defendant was not guilty by deception by deception, but by deception, there is an error of misunderstanding of facts.
B. As to each fraud against C which the lower court acquitted, the lower court rendered a not guilty verdict on each of the charges, in light of the fact that the Defendant used money for any purpose other than that as notified to C, and thus, acquitted the Defendant on each of the charges in question, by mistake of facts or misapprehension of legal doctrine.
2. Determination:
A. On June 25, 2010, at around 17:00 on June 25, 2010, the summary of the charge against the Defendant’s assertion of mistake of facts (F’s fraud part) stated that “The Defendant, at the E Licensed Real Estate Agent Office located in Jinju-si, would obtain a loan from the bank that intends to take over the G commercial building. If the Defendant borrowed 6 million won to the bank employees, then he would make payment including interest 5 million won until July 13, 2010.” However, the Defendant’s debt at the time is equivalent to KRW 490 million, and the property is equivalent to KRW 50 million, and there is no other ability to repay the above borrowed money. The Defendant, by deceiving the victim as above, received KRW 6 million from the victim’s place of payment.” The lower court convicted the Defendant of this part of the charge.
3. According to the records of the trial of the political party, on June 25, 2010, the Defendant: (a) stated that it is necessary for F, a certified broker, to take over G commercial buildings in Jinju and borrowed the above money from F to take over G commercial buildings in Jinju; and (b) made a loan certificate stating that the above money will be repaid by adding the interest of KRW 500,000 to July 13, 2010; and (c) provided, however, the Defendant.