The judgment below

The guilty portion shall be reversed.

The defendant shall be innocent.

At the time of borrowing KRW 90 million from the victims claiming the misunderstanding of the substance of the grounds for appeal, the defendant had the intent and ability to repay the above borrowed money. Since then, the defendant was unable to receive the above borrowed money from the victims due to the failure of the I who supplied the clothing, the defendant did not intend to receive the borrowed money from time to time, and did not intend to receive the money from the victims.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

The punishment of the court below (one year of imprisonment, two years of suspended execution) is too unreasonable.

The summary of the facts charged is as follows: D Co., Ltd. (hereinafter referred to as “Defendant Operation Company”).

The victim E and C are married couple who operated the clothing manufacturing company.

On June 8, 2013, the Defendant, at the building of Seongdong-gu Seoul Metropolitan Government and the office of the Defendant’s operating company located under subparagraph 805, would give a phone call to the victim E and lend KRW 90,000,000 to the victim E with the need for operating funds, plus the interest of KRW 10,000,000,000 from October 8, 2013.

A company is being supplied to G, which is a household-based business entity, and if it is unable to pay the money, it should attach its own company.

The phrase “ makes a false statement.”

However, there was no intention or ability to repay even if the defendant borrowed the amount from the victims because of economic difficulties, such as the defendant's failure to repay the amount of the credit card payment, the price of goods, and the guaranteed obligation at the time.

Nevertheless, on June 10, 2013, the defendant deceivings the victims as above and transferred 90 million won to the corporate bank account under the name of the defendant management company on June 10, 2013.

Accordingly, the defendant was informed of the victims and received KRW 90 million.

The lower court’s judgment.