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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact-misunderstanding (i.e., a person who mainly explained the representative director E of the victim company which has no intention to commit deception and fraud to the crime of deception and deception, and the defendant was a person other than the construction business who has trusted the horse of H without properly knowing the uncertainty of the venture business, etc., the evidence submitted in the instant case alone cannot be recognized as the criminal intent of deception and deception.
In light of the fact that the appraised value of the real estate held by the Defendant at the time of the loan in this case, as stated above, was KRW 559,204,170, the appraised value of the real estate held by the Defendant was 559,204,170, and this is the amount remaining after the Defendant fully repaid the Defendant’s existing debt and KRW 190,300,000,000,000,000,000, and the Defendant used part of the borrowed money for the vehicle mortgage loan business
Secondly, the Defendant used part of the borrowed money for the vehicle security loan business, not for the loan business, but for the loan business. However, E, the representative director of the victim company, knowing the fact and consented ex post, so the Defendant used the money borrowed from the victim for any purpose other than the purpose of use.
shall not be deemed to exist.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged in the instant case is as follows: (a) at the victim D office located in Mapo-gu Seoul Metropolitan Government, on December 2, 2011, the Defendant: (b) on E, the representative director of the said company, the E, the representative director of the said company; (c) the F Co., Ltd., a company operating within the Republic of Korea, may send the F Co., Ltd. with the funds of KRW 100,000,000, which are to be paid for prior inputs in order to receive orders from the G field on a leisure region; (d)