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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by defense counsel;
A. The defendant misunderstanding the fact was operated by the victim D
There is a fact that the N Hospital funeral operating expenses of KRW 140,000,000 are borrowed from the victim, and there is no fact that the victim received the above money from the victim as a monetary investment in the E hospital funeral store operating rights.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.
B. In light of the fact that the criminal defendant was not subject to criminal punishment for the same crime, and that the victim paid 17.5 million won as interest, the sentence of the court below that sentenced 1 year and 8 months is too unreasonable.
2. Determination
A. As alleged in the grounds of appeal, the Defendant alleged that he did not receive money from the injured party under the pretext of an investment in the E funeral store operation right at the hospital, as alleged in the grounds of appeal. The lower court stated that ① the victim’s statement was consistent, experienced from the early investigation to the trial procedure at the lower court, and that it cannot be deemed that he paid money without experience. ② On the contrary, the Defendant asserted that D borrowed money with a pure mind because the Defendant was in difficult circumstances, but he did not prepare a loan certificate, but borrowed money with a large amount of KRW 140 million, which was 10 million, without any interest or maturity agreement, is difficult to easily obtain when considering the relationship between the Defendant and D, and the Defendant was given a statement to the effect that he borrowed money if he had no economic difficulty at the time of settlement, and that it is good that the Defendant would have given money to D with the nature of money paid to D.
It is reasonable that the complainant has lent money to him/her.
The credibility of the Defendant’s assertion, such as the statement “,” falls short of the credibility of the Defendant’s assertion.