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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
1. Summary of grounds for appeal;
A. As to the fraud by defraudation of a total sum of KRW 92.4 million in the list of crimes in the judgment of the court below, the defendant only lent money to the victim to make an investment in the mining development project, and there is no money to lend money in relation to the redevelopment project, and actually invested money borrowed from the victim to the mining development project, so the victim was not accused as stated in this part of the charges.
B. As to the fraud by defraudation of KRW 92,40,000,00 in total of the list of crimes in the holding of the court below, the statute of limitations has expired since all the criminal facts listed in Nos. 1 through 6 of the list of crimes in the holding of the court below, and each criminal facts listed in Nos. 7 through 14 of the list of crimes in the holding of the court below, different from each criminal facts listed in Nos. 15 through 21 of the list of crimes in the holding of the court below, are substantive concurrent crimes and are not in a single comprehensive crime.
C. The sentence imposed by the lower court (one year and eight months of imprisonment) is too unreasonable.
2. Determination
A. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and investigated. In addition, the victim stated that the Defendant loaned money to the Defendant as stated in the facts charged, such as the investigation agency and the court of the lower court consistently with this part of the facts charged, and that the victim borrowed money from the Defendant, as stated in this part of the facts charged, prior to filing a lawsuit seeking the payment of the loan against the Defendant, the victim took the civil procedure. The victim stated in the above civil procedure that the Defendant borrowed money from the victim for investment in D&D investment.