beta
Text
The defendant's appeal is dismissed.
Reasons
The summary of the grounds for appeal is not a loan but a loan that the Defendant received from the injured party. The Defendant, like the statement in the investment confirmation certificate, was proceeding with the golf course business at the Ulsan Metropolitan City, and received advance payment from the Ulsan Metropolitan City and Seosan, and had the intent and ability to repay the money of the injured party by the end of December 2014, so there was no intention to acquire the money by deceit.
The sentencing of the court below's improper sentencing (2 million won) is too unreasonable.
In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of misunderstanding of the facts as to the grounds for appeal, it can be recognized the fact that the defendant deceivings the victim as stated in the facts of the crime in the judgment of the court below and acquired the victim by transfer.
Therefore, the defendant's above assertion is without merit.
① On November 5, 2014, the Defendant: (a) received KRW 4.3 million from the injured party; and (b) prepared a receipt; and (c) stated that the Defendant agreed to pay KRW 4.3 million to the injured party by December 30, 2014.
The latter part of the above receipt states that "the golf course shall be received with the agreed deposit at the time of harmony, and shall be deposited in the victim every month from January 2015 to January 2015." However, this appears to be the defendant's promise to specify the place of use of money and to provide additional benefit in addition to the return of principal when borrowing money from the victim who has not been sufficiently damaged.
② According to the Defendant’s statement at an investigative agency and the details of the issuance of one’s check, the Defendant appears to have used the above KRW 4.3 million for “the extraction of aggregate located in Ulsan-si, Ulsan-si,” unlike the above receipt and the Defendant’s additional statement of investment confirmation, which was prepared after receiving money from the injured party.”
(3) The defendant shall be Ulsan City.