Text
The defendant's appeal is dismissed.
Reasons
1. The Defendant: (a) around April 28, 2015, at the Seoul Western District Public Prosecutor’s Office and the office located in Mapo-gu Seoul Western District Public Prosecutor’s Office, for the purpose of having Defendant C and D (sons of C) imposed criminal punishment; (b) around February 3, 199, the Defendant leased the above D et al. to the above C as a joint guarantor; and (c) received full payment of the above money around April 21, 199; (d) on around February 3, 2009, the Defendant conspired C and D conspired with the Defendant to jointly and severally file with the Defendant 13 million won, and issued it to C by September 3, 2009; and (e) on September 9, 2009, the Defendant provided 300,000 won to C with a loan certificate, and (e) provided it to C, 90,000 won on September 3, 209, 199.
2. On February 3, 2009, the defendant loaned 13 million won to C on February 3, 2009 and did not receive the above money, and the defendant filed a criminal complaint against C and joint guarantor D for fraud, and there is no false fact reported for the purpose of having them receive criminal punishment.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged that the defendant did not admit C/D is erroneous by mistake of facts.
3. The judgment below is based on the evidence duly adopted and examined by the court below.