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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the part of the judgment of the court below not guilty in the misconception of facts, considering the fact that at the time of preventing this part of the crime, the Defendant did not have sufficient means to pay 300 million won a debt, the victim was unaware of such circumstances, the Defendant, who did not have any particular business experience, started a business of reliance on the speech of the person, and the part of the guilty and the part of the acquittal was a continuous act in the course of a series of fraud, the criminal intent of defraudation is recognized.
Nevertheless, the judgment of the court below which acquitted the charged facts of this portion is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
B. In light of the circumstances under which the crime is denied, the sentence of the lower court (two years of imprisonment with prison labor, two years of suspended execution, and two million hours of community service order) is too unreasonable, and thus, is too unreasonable. In so doing, the lower court’s sentence (the period of two years of suspended execution in June, and two million hours of community service order) is too unreasonable.
2. Determination:
A. (1) The summary of the facts charged in the judgment of the court below regarding the assertion of mistake of facts stated in the judgment of the court below that in 2008, the defendant stated that "the defendant intends to operate food waste treatment business, and if the business fund is required, the bank interest will pay monthly interest and pay the principal within three years."
However, around 2004, the Defendant was registered as a bad credit holder due to the failure of the business of supplying and selling lighting fixtures, and the Defendant was registered as a bad credit holder, such as KRW 200 million and KRW 100 million in the Korea Credit Guarantee Fund. Unlike the Defendant’s name, there was no property or revenue source under the Defendant’s name, and there was no financial capability to repay, and the Defendant started the business of selling food waste disposal only with the funds of the victim.