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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
The deposit amount of the instant charges 2.1 million UN.
Reasons
[Judgment on the Grounds for Appeal] A summary of the grounds for appeal does not constitute a fact that the defendant deceptions the victim D over three times as stated in the facts charged and received property or pecuniary benefits.
(M) The sentencing of the court below (two months of imprisonment) is too unreasonable.
(F) If the court below duly adopted and investigated the following facts in light of the legal principles as to the assertion of mistake of facts and misapprehension of legal principles as to the fraud of short loan funds (the crime No. 1 of the original judgment), this part of the facts charged can be fully recognized, so the defendant's allegation in this part of the charges is without merit.
① The victim, as stated in paragraph (1) of the facts charged from the police to the court below, received respectively from the Defendant a document of borrowing money (Evidence No. 9; hereinafter “Evidence No. 1”) from the Defendant on or around June 2012, 2012, a document of borrowing money (Evidence No. 10; hereinafter “Evidence No. 2”) from the Defendant on or around August 17, 2012, and a document of borrowing money (Evidence No. 10, hereinafter “Evidence No. 2”) from the Defendant on or around November 12, 2012, and stated that he/she lent a document of borrowing money (Evidence No. 13 of the Evidence No. 13; hereinafter “Evidence No. 3”) from the Defendant on or around March 12, 2012, to the effect that he/she borrowed money from the Defendant on three occasions in total.
In addition, the victim is given a separate statement from the defendant as to the receipt of a certificate of borrowing money in relation to the lending of money and the receipt of a document of borrowing money (Evidence No. 11) and a statement of cash payment (Evidence No. 12 of the Evidence No. 12 of the Record) in relation to the deposit of each successful bidder as stated in paragraphs 2 and 3 of the facts charged of this case. Thus, the victim's statement is credibility.
② As above, the Defendant, at the prosecution, has prepared three copies of the document of borrowing money, which is a sum of five million U.N., to the victim, and borrowed one million UN from the victim in relation to the first borrowing loan amount of two million U.N.