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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant, by misunderstanding the legal principles, did not mislead himself/herself of his/her own ability or acting as the actual owner of a corporation I (hereinafter “I”), thereby deceiving the victim, and the victim did not acquire any pecuniary profit as much as he/she paid the money to I.
B. The sentence of the lower court’s improper sentencing is too unreasonable.
2. Summary of the facts charged in this case and the judgment of the court below
A. On October 2010, the Defendant: (a) at G’s office located in the Songpa-gu Seoul F Building, Songpa-gu Seoul Metropolitan Government F Building, the Defendant sold apartment units to the victim H; and (b) most of the apartment sales affairs were completed.
The first sale price shall be KRW 50,000,000,000 if the first sale price enters around 12 months.
“.......”
However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to pay it properly.
Nevertheless, on October 29, 2010, the Defendant was transferred KRW 50 million to the I’s account in the name of around October 29, 2010 from the victims of the false statement.
2) On November 2010, the Defendant is in the place under Paragraph 1 of the Police Officers Act, and even if having borrowed money from the said injured party, it is necessary for the Defendant to operate the Company up to the time of entering the sale price in December, 201, even though the Defendant did not have the intent or ability to pay the money properly.
A month's operating fund shall be KRW 50 million and shall be fully paid as sales affairs are completed.
“A false statement” was received from the injured party, on November 24, 2010, KRW 50 million under the name of the first bank account in the name of the injured party.
Accordingly, the defendant deceivings the victim two times, and let I receive a total of KRW 100 million as the borrowed money.
B. The lower court found the Defendant guilty on the basis of the evidence of the judgment without any special reasons.
3. Determination on whether a deliberation was made
A. The judgment of the court below is legitimate.