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The guilty part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.
Defendant shall be punished by imprisonment for three years.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not take part in the crime in relation to the case 2016 Highest April 4082.
With respect to the 2017 Highest 3885 case, the defendant did not borrow money to the victim J under the same name as the criminal facts.
With respect to the case of 2017 Highest 4213 cases, the victim was not accused by deceiving DN of the victim's profits from resale, such as inducing the victim to assume responsibility for KRW 100 million.
The determination of punishment (the first instance court: imprisonment with prison labor for three years, and imprisonment with labor for one year) is unreasonable.
B. A prosecutor (misunderstanding of facts regarding the acquittal portion of the first instance judgment) conspired with B to take part in the fraud crime on November 25, 2013.
2. Determination
A. 1) Examining the record of judgment on the case of the Defendant’s assertion of misunderstanding of facts, there is no error of misapprehending the facts in the judgment of the first instance court that recognized that the Defendant participated in the crime listed in No. 1 No. 1 or No. 10, thereby adversely affecting the conclusion of the judgment.
Specific reasons for judgment are as follows.
(1) On July 8, 2013, the Defendant met the Victim C with July 7, 2013, and when the victim remitted KRW 50 million to B account, the Defendant instructed that KRW 49 million be remitted to W account.
Since the Defendant failed to properly carry out the land development project in Kimhae-si, it is presumed that the Defendant was aware that even if receiving KRW 50 million from the victim, it could not exceed one commercial loan.
B. On July 17, 2013, the victim stated that “The land of Cheongdo-gun is visible and invested KRW 100 million on July 16, 2013 after receiving a proposal from the defendant to invest in the apartment from the defendant as the owner of the land within the vehicle of Cheongdo-gun, Busan, and around July 16, 2013.”
The victim was appointed as U representative director of the corporation on the date of deposit of KRW 100 million, and was a director in the minutes of the board of directors.