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The part of the judgment of the court below regarding the fraud due to the assumption of an obligation shall be reversed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) The portion of the money lent by K to the Defendant for the crime of fraud of borrowed money under the name of lease deposit is the money borrowed by providing N and K as security. The above lease deposit is the money created by N- 20 million won and K- 70 million won, and N- Busan Bank's account used to remit money to the Defendant is the account of N and K's monthly payment and the cost of living expenses. In light of the fact that N- n's monthly payment is deposited and the cost of living is paid, it is reasonable to view that the Defendant, as stated in the facts charged, caused property damage to K by receiving money from the above account. The judgment of the court below acquitted the Defendant on this portion of the facts, which affected the conclusion of the judgment, by misunderstanding of the facts, even if the Defendant's obligation to return the lease deposit does not exist, and even if the Defendant's obligation to return the lease deposit is invalid, it is not erroneous in the misapprehension of legal principles as to this part of the facts charged.
B. The lower court’s sentence of six months of imprisonment, two years of suspension of execution, and 80 hours of community service, which was sentenced to the Defendant, is unreasonable as it is too uneasible.
2. Determination
A. On March 2012, the summary of the facts charged in this part of the charges charged is that the Defendant had his wife M around Busan, Jin-gu L Apartment 211 Dong 1704, Busan, intended to lease an apartment house to the Defendant’s wife N around the victim’s wife (hereinafter “O”), and that there is a shortage of KRW 70 million in the lease deposit.
It shall be repaid within two months.
If the deposit for the lease of the above apartment is not paid with KRW 125 million, it will be repaid with the money.