The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for ten years.

1. Summary of grounds for appeal;

가. 피고인 1) 사실 오인 피고인은 피해자 AI( 이하 ‘ 피해자 ’라고만 한다 )에게 ‘1 억 원을 빌려 주면 3개월 이내에 땅을 샀다가 되팔아서 1억 4,000만 원을 변제하겠다’ 는 취지로 기망행위를 한 사실이 없으며, 피해 자로부터 6,000만 원을 차용하였다가 차용금 이상의 돈을 변제하였을 뿐 피해 자로부터 8,000만 원을 편취한 사실도 없다.

Nevertheless, the court below erred by deceiving the victim to the above purport by misunderstanding the facts based on the statement of the victim with no credibility, and thereby deceiving the victim to the above purport, thereby deceiving the victim of 80 million won.

2) The sentence sentenced by the lower court to the Defendant (12 years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. As seen in paragraphs (1) and (2) through (3) of this Article, the Defendant, despite the fact that the Defendant borrowed money from the injured party but did not have the intent or ability to repay the money, by actively deceiving the injured party about the intent to repay and ability to repay the money, and by deceiving the money from the injured party.

The decision is judged.

1) 먼저, 피고인은 피해자에게 ‘1 억 원을 빌려 주면 땅을 샀다가 되팔아서 3개월 이내에 1억 4,000만 원으로 변제하겠다’ 는 취지로 말하여 피해자를 적극적으로 기망한 것으로 인정할 수 있다.

The grounds for such recognition are as follows:

A) The relevant legal principles and Korean Criminal Litigation Act are one of the elements of the public trial-oriented principle that the formation of a conviction or innocence against the substance of a criminal case ought to be based on a trial in a court, and only the evidence directly examined in the presence of a judge can be based on a trial and the original evidence that is the most adjacent to the facts subject to proof is based on a trial.