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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the Defendant, as stated in the facts constituting the crime in the judgment below, by deceiving the victim F (hereinafter “victim”), did not acquire 25,000 shares of G Co., Ltd. (hereinafter “G”) by deceiving the victim F (hereinafter “victim”).
2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the victim consistently maintained from the investigative agency to the court below. The victim operated the above company as the representative of the above company, and the defendant operated the above company as a director.
The victim purchased the shares of G and H by notifying the acquisition of G and managing the shares of H. The victim purchased the shares of G and the victim. The victim stated that “If the shares were to be sold by G shares immediately, if the shares were to be sold by G shares, the victim would pay KRW 100 million until May 12, 2009, and pay KRW 8 million as interest payment, if the shares were to be sold by G shares,” and that the Defendant transferred the shares of this case to the Defendant Samsung Securities Account of the Defendant.
(2) The loan agreement of this case concluded on April 29, 2009 between the defendant, K, and A provides that the victim shall be paid KRW 100 million (or KRW 25,000 (or the above shares) by May 12, 2009. The borrower shall be the borrower's K, joint guarantor, and joint guarantor. However, the victim decided the original defendant as the borrower at the time of the preparation of the above contract. The defendant did not prepare the necessary documents, and as the defendant did not prepare the documents on the preceding day, there is any sufficient collateral if the representative director K is the principal debtor.
in the contract with K as the principal and director, and the defendant as the joint guarantor.
At the end of the above contract, the certificate of seal impression, the copy of identification card, etc. are stated as attached documents, and the seal of K is affixed to the borrower's name, while the seal is affixed to the borrower's name.