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The judgment below
Part excluding the part applied for compensation order among those shall be reversed.
A defendant shall be punished by imprisonment for one year.
(b).
Reasons
1. Summary of grounds for appeal;
A. The Defendant, misunderstanding the fact, uses all the expenses necessary to complete the construction of “I” apartment (hereinafter “instant apartment”) that was built on the Ha, Ha, Ha, and 10 lots of Ha, Hong-gun, Hong-gun, Hong-gun, Hong-gun, and 10 lots operated by the Defendant’s agent of the victim D Accounting Corporation (hereinafter “G”).
In other words, 200 million won is borrowed from the injured party, and the above money as stated in the facts charged of this case is used as supervision costs.
Since it is not borrowed, the defendant is not deceiving K.
In addition, the defendant obtained the approval of the use of the apartment of this case within 2 months, and received a loan from the financial right and had the intent and ability to repay the above 200 million won, so there was no intention to commit the crime of defrauding the above 200 million won from the damaged person.
Nevertheless, the court below found the defendant guilty of 200 million won by deceiving K and deceiving the damaged person. The court below erred in the misapprehension of facts.
B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. The Defendant alleged that the Defendant had the same purport as the grounds for appeal on this part of the lower judgment, and the lower court rejected the said assertion in detail by providing a detailed judgment on the relevant argument under the title “determination on the issues”.
According to the evidence duly adopted and examined by the court below, the defendant stated that "for the completion inspection of the apartment of this case, KRW 150 million is required as supervision expenses, KRW 50 million for the completion inspection of the apartment of this case, and KRW 50 million for the completion inspection of the facility, etc., and the above KRW 200 million is loaned within two months for the completion inspection, and the defendant stated that "the defendant will complete the completion inspection within two months, and receive a loan from the financial right, and repay the principal and interest at an interest rate of KRW 3% per month." The above facility completion inspection expenses can also be deemed as a kind of supervision expenses. Accordingly, the defendant.