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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date of the final judgment.
Reasons
1. Summary of the grounds for appeal;
A. In purchasing three parcels from Ulsan-gun G, K, and L, the Defendant: (a) indicated the debtor’s credit status at the time of borrowing the name of the ownership registration and each of the above land from the victim; and (b) used the loan of KRW 480 million out of the loan of KRW 530 million as the purchase fund of each of the above real estate; (c) thus, there was no deception for the victim; (d) however, the judgment of the court below convicting the Defendant, which affected the conclusion of the judgment, is erroneous.
B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.
2. Determination
A. The judgment of the court below 1 on the assertion of mistake of facts is that ① the victim was aware of the fact that the defendant requested the design of the hotel business, which was promoted on each of the land of this case, ② at the time of this case, the defendant requested the victim to lend the name of each of the above land transfer registration and the name of the lending debtor to secure the loan loan by using each of the above land as security while being responsible for the design and supervision related to the construction of the above hotel. The monetary burden, such as interest, tax, etc. related thereto is all responsible for the defendant, and the name of transfer of ownership transfer registration is promised to transfer the ownership transfer registration to the defendant. ③ The loan received from the above loan was used for the payment of purchase price of the above land and interest on other existing loans, ④ the defendant was promised to make investments from the land of this case in relation to the new construction of the hotel on the land of this case, and the hotel business of this case was planned with the PF fund. However, at that time, the amount of the debt incurred in relation to the project of this case was over 1.
The above hotel, such as the unsatisfy progress of the business.