Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. (1) In the misconception of facts, the Defendant: (a) introduced a person who borrowed money from H that requires KRW 100 million with the real estate purchase fund to the victim; and (b) introduced the victim upon the request of the victim; and (c) received KRW 100 million from the victim to transfer the money to H; and (d) kept the remainder of KRW 50 million with the victim’s custody at his own discretion; and (e) did not deceiving the victim as stated in the facts charged.

(B) Although there is a fact that the Defendant borrowed KRW 18 million from the victim, the Defendant did not deceiving the victim to pay KRW 23 million including interest, and furthermore, he did not pay KRW 5 million out of the borrowed money, and the remainder of the borrowed money was fully repaid by offsetting the Defendant’s claim against the victim by the offset disposal of the Defendant’s claim against the victim, it cannot be deemed that the Defendant has the intent to commit fraud.

(2) The lower court’s sentence of unreasonable sentencing (seven years of imprisonment) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Determination:

A. (1) Determination of the Defendant’s assertion of mistake of facts is based on the evidence duly adopted and investigated by the lower court, namely, the following circumstances: (a) the Defendant, at the time of committing the instant crime, intended to lend money from the victim who is urged to receive the real estate purchase fund from other creditors or investors to pay the said money in return for the said money; and (b) the Defendant would borrow money from the victim to receive the payment of the said money from other creditors or investors in return for the said money; and (c) the Defendant would have paid the said money after having received the money from the victim to receive the payment of the money from other creditors or investors in return for the said money.