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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant, who is the wife, requested the co-defendant B of the first instance trial to seek money, and the Defendant borrowed money from the victim E. As such, the Defendant did not take part in the acquisition of money by deceiving the victim.
In addition, since it is impossible to pay the victim's money because of the expected and other circumstances, there was no intention to obtain money from the victim at the time of borrowing money from the victim.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence as to whether the Defendant was involved in the crime of defraudation of this case, namely, ① the Defendant and B maintained a de facto marital relationship at the time of borrowing money from the damaged party, ② the Defendant demanded to lend money to B by requiring money to be used as entertainment expenses to attract group insurance; ② the Defendant directly received money from the damaged person to the account under the name of the Defendant; ③ used the money in the above entertainment expenses, etc.; ③ the Defendant was aware of the fact that the Defendant borrowed money from the damaged person; and ③ the Defendant was aware of the fact that he borrowed money from the damaged person (No. 2, No. 39, No. 52 of the investigation record); and the Defendant was transferred KRW 7 million from the damaged person to the money, and then the Defendant was able to do so together with B.
The defendant appears to have been involved in the process of borrowing money from the injured party B while conducting personnel affairs (No. 2, No. 19,20 of the investigation record). It seems that the defendant had been involved in the process of borrowing money from the injured party B, and (4) It is essential that the defendant did not receive from the beginning the victim a request from the beginning for borrowing money from the Defendant for collective insurance activity expenses.
“The purpose of borrowing money” is to make a direct speech.