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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The Defendant, while carrying out a factory development project on the off-to-O land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and paid KRW 54.9 million in total to the victim F for investment, but did not intend to transfer the said land far from the Seoul Metropolitan area, and used the said money as expenses for authorization for Q Il-il land. As such, the Defendant did not borrow the said money from the victim or make a false statement to the victim as stated in the facts charged.
(De Facto Error). The sentencing of the lower court (two months of imprisonment) is too unreasonable.
(F) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts, this part of the defendant's assertion is without merit.
① As indicated in the facts charged from the police to the court of the court below, the victim has consistently stated that “In relation to factory development activities on the land outside Jin-gun, Chungcheongnam-gun, and four parcels (No. 12,00 square meters), the Defendant loaned KRW 32 million in total to the Defendant on the ground that, within two months, the Defendant would have paid 50% of the gains when he/she completed the authorization and permission, and thereafter, the Defendant additionally lent KRW 22,90,000 to the Defendant, as it requires appraisal expenses and entertainment expenses.”
② The Defendant made a statement that corresponds to the victim’s above statement in lieu of the victim’s statement on the following grounds: “I lend KRW 32,00,000 to the public prosecutor’s office, within two months, he/she has repaid the loan of KRW 32,00,00,000, and provided 50% of the profit upon completion of the factory development.”
(Evidence No. 206 page). In addition, the Defendant did not have any development activity for the construction of a factory in the G and four lots.
G and four parcels are all located outside G.