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The judgment below
The part on embezzlement and breach of trust is reversed.
The defendant is charged with embezzlement and breach of trust.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) Fraud 1) The money listed in Nos. 1, 2, 4, 5, 8, 9, and 11 of the crime sight table as indicated in the judgment of the court below was the intent and ability of the defendant at the time of borrowing it, and the money listed in Nos. 3, 7, and 10 of the same sight table is not the money borrowed from the victim'sO due to the same business relationship, and the money listed in Nos. 6 of the same sight table is the money borrowed by the victim'sO, not the defendant. 2) The money loan contract of the transfer of the transfer of the transfer of security interest in this case is invalid due to a false agreement between the defendant and the victim's M, and even if not, the victim knew that the defendant transferred the eight of the instant machinery of this case to N as payment in kind.
B. The sentence imposed by the lower court (one year and four months of imprisonment for fraud, and one year of imprisonment for embezzlement and breach of trust in its holding) is too unreasonable.
2. Determination
A. 1) The evidence duly adopted and examined by the court below and the court below's judgment and the court below's ruling of the facts are as follows. ① The defendant had a considerable amount of debt by borrowing money from many persons or 2 financial rights prior to the crime of this case in order to raise the operating expenses of the court of business chain operated from 2004. ② The defendant, in particular, operated a factory in the way of "fluencing" method by continuously and continuously paying interest on existing loans through high interest rate bonds and bill discount from the beginning of the operation of the court, extended the due date when paying interest on the existing loans. The defendant did not pay interest on the existing creditors around 2007, and the financial situation of the court below and the court below's ruling of the court below and the court below and the following circumstances are as follows: