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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of borrowing money from the damaged party, the Defendant: (a) prepared a letter of intent that the victim would dispose of the money at any time when he provided YY as collateral and fails to repay the money by the payment date; and (b) there was no fact that the Defendant by deceiving the injured party without the intent of repayment.
B. The sentence of the lower court’s improper sentencing (4 months of imprisonment, 2 years of suspended execution, 2 years of community service) is too unreasonable.
2. The lower court acknowledged the assertion of mistake of facts based on the evidence duly adopted and examined by the lower court. ① The Defendant was in bad credit standing due to the company’s nonperformance on January 13, 2015 at the time of borrowing money from the damaged party, and the amount in arrears with the financial institution was KRW 80 million, and the amount in arrears with the amount in arrears with the financial institution was KRW 130 million. The Defendant did not have the ability to repay the amount in advance three months, even if he/she borrowed money from the injured party due to the condition that the amount in arrears with the individual obligee remains at the level of KRW 80 million.
(2) Nevertheless, the Defendant would pay 21 million won including interest after three months of the sales price of the block to the victim.
On the other hand, 17 million won was borrowed, and immediately thereafter, 11.4 million won was used to repay personal debt by transferring it to J as his creditor, and 3 the Defendant was entitled to receive KRW 100 million from his market price with the products of 30 million to 50 million.
However, the above remaining block is not sold since 2008 to the present, and is left alone (24,25 pages 2 of investigation records) on the building site adjacent to the Young-gun, and the defendant's efforts to sell it is not always visible (the defendant requested the settlement of cash, but refused to sell it, and it is difficult to accept it easily.