beta
Text
All appeals by the Defendants are dismissed.
Reasons
Summary of Grounds for Appeal
The Defendants, by misunderstanding the facts and misapprehension of the legal principles, did not explicitly indicate that the use of the loan amount of KRW 100 million was the “construction cost” of the commercial building (hereinafter the above land, building, “instant land”, and “construction cost”) being newly constructed on the ground of the land indicated in the facts constituting the crime in the lower judgment, and even if the use was specified as “construction cost”, there was no deception against the victims since they used the loan amount of this case in relation to the above construction, such as reimbursement of the debt incurred in order to raise the cost for the transfer registration of ownership of the instant land and the cost for installing
Defendant
A succeeded to the obligations owed to the Plaintiff, the seller of the instant land, and changed the name of the owner of the instant building to Defendant A, and completed the construction, and sought to repay the instant loan by borrowing the instant building as collateral with the permission of completion. The failure to obtain the consent of the Plaintiff to succeed to the obligations from the Han Bank would result in failure to repay the said loan, and it is difficult to deem that the Defendants did not have the intent or ability to repay.
Since K has mediated the lending of the instant money after reviewing the overall circumstances, such as the investment value of the instant building, there is no causal relationship between the horses at the time of borrowing by Defendant B and the victim’s disposal of property.
Defendant
B is merely attempting the defendant A, not leading the crime as the actual actor of the crime.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and erroneous.
The sentence of unfair sentencing (Defendant A; 6 months of imprisonment; 2 years of suspended execution; 80 hours of community service; 10 months of imprisonment; 2 years of suspended execution; 120 hours of community service) of the lower court is unreasonable.
Judgment
In regard to the assertion of mistake of facts, the related law borrows money from others.