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The judgment below
Of them, the part on fraud is reversed.
A defendant shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. The summary of the grounds for appeal (the factual errors, the incomplete hearing, and the violation of the rules of evidence);
A. It is difficult to view that there was an agreement between the Defendant and C under paragraph (1) of the facts charged that the amount exceeding KRW 280 million should have been deposited and sold to the purchaser. Even if there was such an agreement on domestic affairs, the Defendant arbitrarily used the sales contract amount of KRW 30 million on December 2007 from L around the end of December, 207, and the sales price of KRW 30 million on March 3, 2008 was paid in full. Thus, the above agreement cannot be applied as long as the Defendant embezzled KRW 30 million on March 3, 2008.
B. Paragraph (2) of the facts charged stated in the investigation agency that the Defendant sent 25 million won to C as a check at C’s request, and stated that the Defendant did not have any fact to J, but reversed the Defendant’s statement at the court below, and that H’s wife M was endorsed and used part of the check, and that J stated that there was no check received from the Defendant from the Defendant at the investigation agency, the lower court should examine the J as a witness, but the lower court did not examine the J as a witness, and there was an error of incomplete deliberation.
C. Paragraph (3) of the facts charged did not specify the amount of interest actually paid to C even after the Defendant remitted KRW 50 million to H as if the Defendant paid KRW 50 million to H. However, this constitutes a deception against C, and the Defendant has the intent to commit fraud.
Paragraph 4 of the facts charged alleged that the Defendant acquired the amount excluding the amount and the clothes from the purchase price by the prosecutor's office with the consent of C, but the court below decided to obtain a facility corresponding to three different categories of clothes to be paid to J, and the statement was not consistent because C agreed to receive a facility cost of three million won to five million won. In order to acquire money, the Defendant's statement is not consistent.