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The defendant's appeal is dismissed.
Reasons
1. A summary of reasons for appeal (a supplementary statement of reasons for appeal submitted after the deadline for submitting the statement of reasons for appeal shall be deemed supplement to the extent of supplement in case of appeal);
A. In fact, misunderstanding of the legal principles and misapprehension of the law (the fraud against the victim S) did not mean that “If the Defendant is granted a credit card from the damaged party, he would be able to withdraw the purchase price of the shares, he would be able to immediately repay the purchase price of the shares.”
In the receipt of a loan, the loan is to pay the loan with the card loan because there is no money to pay the golf business price.
There is no word “”.
The defendant tried first to help the victim who was economically difficult for him, and then the victim would voluntarily help the victim due to the difficulty of the defendant's situation.
In addition, the victim's credit card will be applied to the common living cost, and the credit card loan will be lent with the credit card loan.
The defendant did not have the intention of fraud.
B. The sentence of the lower court’s unfair sentencing (three years of imprisonment) is too unreasonable.
2. Determination
A. 1) The lower court’s determination on the assertion of misunderstanding the facts and misapprehension of the legal doctrine 1) The lower court: (a) held that there was a criminal intent by defraudation, inasmuch as the Defendant, at the time of borrowing credit cards or money from the injured party, was guilty of fraud, on the grounds that the amount of debt related to the Defendant was issued in several criminal cases, such as receiving a complaint from the defrauded at the time of borrowing credit cards or money; (b) even though there was a situation where the amount of debt was reduced to KRW 20 million and the fine was not paid, even though the share was set off and the stock was set off,
The recognition was recognized.
2) The victim of the judgment of the court of the trial is “The defendant combines shares due to stock price manipulation.”
A credit card shall be lent and a settlement shall be repaid if the payment is lent.
“In good faith, the credit card was issued and the credit card was lent by means of credit card loan.”
“....”