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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant, as indicated in the lower judgment, lent KRW 160 million (hereinafter “the instant money”) to the damaged person as investment in the C Housing Complex Development Project.
In addition, the Defendant agreed to provide collateral of H Co., Ltd. No. 4 and No. 2 (hereinafter “LA”) (hereinafter “H”) with respect to H Co., Ltd. and received a receipt on which H’s seal impression is affixed and a certificate of seal impression.
N and the victim's statements are contradictory to each other, so they are not reliable.
However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. 1) The judgment of the court below on the assertion of mistake of facts (A) also asserted that the defendant and the defense counsel agreed to operate a housing construction business in the defendant, the victim, and the DNA, and that the defendant continued to run the construction business, N and E decided to invest in the above business, and that E borrowed KRW 160 million fromO and invested in the above business.
B) As to this, the lower court, in full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, found the Defendant guilty of 160 million won from the injured party, and thus, rejected the above assertion.
The decision was determined.
① The Defendant used most of the KRW 160 million paid by the injured party to repay N’s obligations.
N of KRW 100,000,000,000 100,000
P Company's account was deposited in the N company's account, KRW 50 million was deposited in the N company's account, and the remaining KRW 10 million was issued as a check.
N. N. .