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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the fact-finding) submitted by the defense counsel after the deadline for submitting the grounds for appeal shall be considered to the extent that it supplements the grounds for appeal.
The victim, while knowing the financial status of the defendant's debt, has so-called KRW 100 million, and the defendant did not borrow the above money, and there is no fact of deceiving the victim by stating that the defendant will transfer the money such as the repair cost to the victim as in the facts charged.
Therefore, the judgment of the court below that the defendant did not have any intention to repay to the defendant on the premise that the nature of the money that the defendant received from the victim is either the borrowed money or the money received in connection with C transfer.
2. The court below rejected the Defendant’s assertion in detail under the title “(b) intent to repay the borrowed money or to transfer it to C” in the judgment of the court below, with the same assertion as the grounds for appeal of this case. The court below rejected the Defendant’s assertion in detail. The circumstances acknowledged by the evidence duly admitted and investigated by the court below are the facts or circumstances acknowledged by these evidence, i.e.,: (a) the victim was transferred by leasing and operating the temple “AC” located at the time of racing, and (b) there was no monetary transaction relationship between the Defendant and the victim, and (b) the Defendant was aware of the fact that there was no monetary transaction relationship between the victim and the victim around 2003. The Defendant was 10 million won when the victim did not have paid the Defendant the borrowed money without any condition at the time. However, in light of the relationship between the Defendant and the victim, and the circumstances in which the victim prepared KRW 100 million, it is difficult to discover the victim’s reasonable motive or reasonable motive without any consideration.