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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is not that the defendant first lent money to the victim, but that the victim first borrowed money to use it.
In addition, the Defendant did not borrow KRW 260 million to H, and at the time of borrowing money from the victim, the husband of the Defendant had a claim amounting to KRW 50 million against M, and thus the Defendant had the intention or ability to repay.
2. Determination
A. Comprehensively taking account of the following circumstances, the lower court’s judgment acknowledged the fact that the Defendant borrowed KRW 20 million from the damaged person without intent or ability to change it within one year, and the Defendant obtained by deception from the damaged person without intent or ability to use it, and even if so, the victimized person first proposed to use money to the Defendant.
Even if it does not affect the establishment of a crime.
① On November 201, 201, the Defendant operated the H and the Defendant’s husband to operate the garment store within the I’s rest area and J rest area. The Defendant raised funds necessary for the operation of the H and the Defendant’s husband operated the said store.
In this regard, around December 201, H had cancelled a business contract and demanded the defendant to waive the right by receiving KRW 20 million, or to return KRW 260 million, which is the fund he raised.
Accordingly, the defendant returned H KRW 260 million to H, and he would operate the above clothes store.
was made.
② Following H’s withdrawal from the business, the Defendant needed to operate the clothing store. On April 2012, the Defendant lent KRW 20 million from the injured party to use it for the purpose of operating funds for the clothing store.
③ However, at the time when the Defendant borrowed money from the damaged party, the Defendant was also obligated to pay the amount of KRW 260 million to the financial institution and the lending enterprise, as well as KRW 25 million, and the Defendant was obligated to pay the amount of KRW 165 million to the N, and thus, the Defendant was obligated to pay the interest of KRW 120 to KRW 1.3 million each month.
this section.