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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the case of each of the instant frauds (2015 order 6589, 2015 order 6614, 2015 order 6614, 2015 order 6908 order 6908), the Defendant was guilty of the facts charged. The lower court erred by misapprehending the legal principles on this part, which found the Defendant guilty of the facts charged.
B. The punishment of the lower judgment that was unfair in sentencing (the completion of a sexual assault treatment program for one year, six months, and 80 hours) is too unreasonable.
2. Determination
A. Comprehensively taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court may recognize the fact that the Defendant, even if there was no intent to repay and pay, by deceiving the victims at the time of each of the instant fraud.
Therefore, the defendant's assertion of facts is without merit.
① On August 2013, the Defendant: (a) with active property in KRW 70 million at the market price; (b) with a small property, the Defendant owned one house with KRW 40 million at the same time; (c) with a security of the said apartment house as one of the security of the said apartment house; and (d) with a security of KRW 7.2 million at the same time as the secured loan obligation to the mutual savings bank; and (d) with a security of KRW 30 million,000,000
② At the time, the Defendant took out loans, respectively, of KRW 21 million, from the three life insurance company on August 6, 2013, KRW 12 million from the Bank on August 6, 2013, KRW 18.4 million, and KRW 3.3 million from the Korea Sldrid Bank on August 7, 2013.
Defendant used 30 million won out of the above money for the repayment of the existing loan obligation, and used the remainder as living expenses and entertainment expenses (the Defendant borrowed money by filing an application for all loans with the bank that was given while in office under a severe condition that he/she is not able to repay the loan even if he/she does not pay the loan.
At the time, I will use the loan with the own possession of the loan and resign the company and have the damage.
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