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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was able to obtain a loan of 55 million U.S. dollars from the U.S. investment company
The defendant was able to repay the money at the time of borrowing the money from the victim F, because T did not prepare the cost of the loan operation.
B. The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unreasonable.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant did not have the intent or ability to pay KRW 200 million from the injured party by September 30, 201 at the time of borrowing the money from the injured party.
Therefore, the defendant's misunderstanding of facts is without merit.
① On July 15, 2011, the Defendant: “Around August 2011, the Defendant borrowed KRW 100 million from the funds of the U.S. to enter KRW 5 million on the land outside Jincheon-gun, Jincheon-gun, and two parcels of land outside the Hacheon-gun, the Defendant would repay KRW 200 million with the funds of the said U.S., until September 30, 201; and if he/she fails to repay by the said date, he/she would repay even if he/she loans by taking it as security.”
② The Defendant, a U.S. investment company, is the head of Q Korea branch office, T.S. Investment Company, may implement the loan.
in fact, it is believed that it was true.
However, at the time of the Defendant’s borrowing of money from the injured party, loans of 55 million won for the establishment of welfare facilities for the aged was not finalized. Q only submitted a proposal to indicate the terms and conditions of the agreement related to loans to C(State) representative director on August 10, 201.
③ On August 25, 2011, Q entered into an investment advisory contract to provide a service of lending 50 million dollars with T representative director, which came to the end on August 25, 201. However, according to the above contract, Q is to this note.