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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
48 million won from the defendant.
Reasons
1. Summary of grounds for appeal;
A. In fact, the defendant is required to operate a tobacco wholesaler, “N” (hereinafter “N”) despite the fact that the strengthening of the defendant’s name did not have the value of the land as collateral and there was no intent to repay even if the funds for the operation of the company were provided by the victimJ, the above victim was found not guilty of this part of the facts charged on the ground that the above victim made a false statement to the effect that “I will pay off the land at the end of the reinforcement, who will serve as the head of the headquarters, and would request the execution of the operating funds of the company between the parties while I will serve as the head of the headquarters.” The above victim used a total of KRW 138,115,000 for the fund for the operation of the company, and obtained the above victim’s pecuniary profit, the court below erred in the misapprehension of the facts charged.
B) The Defendant did not intend to provide the above victim with a promissory note 35 million won as security, and even if he borrowed the money from the above victim, even if he did not have the intent or ability to repay it, the Defendant’s above victim’s “it is necessary to obtain an order for the apartment remodeling construction works in the Gyeongbuk-gu, and the amount of KRW 20 million is required. If the victim pays 20 million to O, the Defendant would have the victim repay 20 million won to the victim.” The Defendant’s false statement to the effect that “I would provide a fake promissory note 35 million won as security for the obligation,” and even though he got the victim to pay 20 million won to theO designated by the Defendant, the lower court erred by misapprehending the fact that the lower court acquitted the Defendant of this part of the facts charged, and thus, is unreasonable.
B. The punishment sentenced by the lower court to the Defendant (a 3 years of imprisonment, 48 million won additional collection) is too unreasonable.
2. Determination: