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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the Defendant’s borrowing of money from the injured party, the Defendant owned considerable property, such as livestock pens and 90 marinal actions. However, as the value of the above property exceeds the Defendant’s passive property at the time, there was no intention to acquire money from the injured party.
B. The sentence sentenced by the court below to the defendant (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.
2. Determination
A. In light of the following facts and circumstances acknowledged by the lower court’s duly adopted and investigated evidence as to the assertion of mistake of facts, the Defendant deceiving the victim as stated in the facts constituting the crime in the lower judgment, thereby obtaining money from the victim, and intentionally obtaining money from the victim is also recognized.
Therefore, the defendant's above assertion is without merit.
1) When the Defendant borrowed money from the injured party, the Defendant is demanding to change the money one month later.
Although it stated to the effect that the Defendant would sell and repay the lawsuit held at the time, there was a seizure of the lawsuit 92 mari, which was already owned by the Defendant.
2) At the time of borrowing money from the injured party, the Defendant did not fully inform the injured party of the fact that the lawsuit was already seized, and it does not seem that the injured party would have lent a large amount of money that would have been KRW 48.5 million to the Defendant if he had known such fact.
3) Although the Defendant borrowed money from the victim with the election fund, it seems that the Defendant actually used the interest on the loan in arrears and the overdue feed cost with respect to the stable from the victim.
4) At the time of prosecutorial investigation, the Defendant recognized that “at the time of the investigation was a financial shortage.
He/she shall be memoryed with a full-time and full-time payment.
Before borrowing money, the fact that the land was seized was not known.
The purport of “..........”