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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for four years.
The judgment below
Part of acquittal.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (five years of imprisonment) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts (in relation to the fraud against the victim B and C, it was true that the Defendant paid the above victims more than twice the principal amount with interest, etc. However, the Defendant’s payment of high interest was merely a means for a failure to repay the principal because the Defendant did not have the ability to repay the principal. While the Defendant was under serious obligation from around 2012, there was no particular property, there was no intention or ability to repay the amount to the victim B as of December 18, 2012, by lending money to the victim C.
Therefore, the criminal intent of defraudation is recognized.
With respect to the fraud of the victim D, the above victim lent KRW 50 million on August 25, 2018 without the intention or ability of repayment around 11:00 on August 25, 2018, when comprehensively considering the contents of the examination of the witness by the court below.
The purpose of the statement is that the defendant's final obligation remains in 50 million won, and that the defendant would purchase foreign currency to the victim around August 25, 2018. Although the victim was not paid in cash, there was no cash, the victim offsets the defendant's claim for return of the above 50 million won against the defendant's claim for purchase of foreign currency against the above victim, and the defendant escaped without paying foreign currency. Thus, fraud is established.
Nevertheless, the court below acquitted each of the above victims of fraud, and such judgment of the court below erred by misapprehending the legal principles.
2. The sentence imposed by the court below on the defendant is too uneasible and unfair.
2. Determination
A. 1) The summary of this part of the facts charged is financial difficulties from around 2012 to the Defendant.