The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for three years.

Summary of Grounds for Appeal

① The loan amount of KRW 450 million as stated in paragraph (1) of the criminal facts stated in the judgment of the court below in misunderstanding of facts (hereinafter “criminal facts”) is not borrowed from the victim, but rather borrowed from the victim with a promissory note equivalent to KRW 160 million as stated in paragraph (5) of the criminal facts in the judgment of the court below (hereinafter “criminal facts”). The loan amount of KRW 550 million stated in paragraph (2) of the criminal facts is KRW 450 million, not KRW 50 million, but KRW 160 million.

② At the time of borrowing in 2006, the Defendant had been able to repay the amount of KRW 16 billion (business profit 5.4 billion), KRW 1.5 billion in total, and KRW 1.5 billion in total, and KRW 2 apartment bonds worth KRW 1.6 billion in personal account and KRW 600 million in market price, and there was no intent to repay the interest up to the point of time by faithfully paying the interest to the victim. Thus, there was no intent to commit the crime of defraudation.

The punishment sentenced by the court below of unfair sentencing (four years of imprisonment) is too unreasonable.

Judgment

In a case where the defendant has made a statement that recognizes the facts charged at an investigative agency or the court in regard to the assertion of mistake of facts, the credibility of the confession shall be determined in consideration of whether the contents of the statement have objectively rationality, what is the motive or reason of the confession, what is the motive or reason of the confession, what is the circumstance leading to the confession, and what is not contrary to or contradictory to the confession among other evidence

(See Supreme Court Decision 2006Do5407 Decided November 23, 2006, etc.). The Defendant: (a) led to the confession of the entire facts charged at the time of interrogation of the suspect and the court below; (b) but (c) did not have any intent to commit the crime of defraudation as a whole by destroying the previous contents of the statement

The full repayment of the loan under paragraph (1) of this Article for facts constituting an offense, and the denial of the loan itself for paragraph (5).