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The judgment of the first instance is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)
A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant, on August 22, 2014, remitted KRW 50 million to H with respect to the offer for the Japanese Maternal Posivement, and on October 24, 2014, prepared a written confirmation of transfer of KRW 50,000 of the Japanese Maternal Shares between H and M Co., Ltd., the representative of H. on October 24, 2014. The Defendant was deemed to have used KRW 70 million received from the victim first for another purpose, prepared money later, paid the price to H, and transferred the primary mosive shares to H and then transferred the shares to the victim. Thus, the Defendant did not receive KRW 70 million from the victim without any intention or ability to receive KRW 10,000 as dividends of KRW 10,000,000,000 from the victim without being aware that the victim was the actual borrower and the victim were the victim, regardless of the loan.
Even if the victim was unaware of the actual borrower of the above loan, the Defendant was sufficiently able and able to repay the loan. At the time of the loan in this case, the Defendant provided the victim with 20,000 shares of Lone Star Co., Ltd. as security.
In other words, the defendant was unable to repay the above borrowed money to the victim due to the reason that he did not repay the borrowed money, but did not receive the above borrowed money from the victim with the intention of defraudation from the beginning.
3) The fraud of Paragraph (3) of the instant facts charged by the Defendant is not a loan but a loan money, and is paid as the purchase price of shares of NaelNE. Therefore, the Defendant did not deceiving the victim, as stated in Paragraph (3) of the instant facts charged, and did not intend to commit fraud at the time. (b) The first instance court sentence of unfair sentencing (one year of imprisonment) (one year of imprisonment).