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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts (the fraudulent part of July 12, 201), the Defendant alleged that R, other than the Defendant, borrowed KRW 120 million from the victim, and the Defendant also belonged to R, but it is difficult to believe this, and according to the evidence submitted by the prosecutor, such as the victim, R’s statement, etc., the Defendant could sufficiently recognize that the Defendant was unaware of the victim as stated in the facts charged. Nevertheless, the lower court’s judgment that acquitted the Defendant of this part of the facts charged is erroneous, which affected the conclusion of the judgment, and thus, is unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. On July 12, 201, the Defendant: (a) concluded a contract to purchase land (hereinafter “instant land”) such as Gangnam-gu Q department stores in Seongbuk-gu, Sungnam-si; and (b) paid the down payment of KRW 100 million,000,000,000,000,000 per day to the victim on July 13, 201; (c) on the ground that the contract was terminated by June 30, 2011, and the contract did not have any authority over the said land; (d) even if the Defendant borrowed money from the victim, even though he could not get profits of KRW 80,00,000 per day by resale of the said land, the Defendant could have remaining until July 13, 201, acquired KRW 150,000,000 per day after adding interest to KRW 1220,000,000 per day; and (d) received KRW 1300,000 from the victim.
B. The lower court determined that there was no evidence to support that the Defendant, if the Defendant lent KRW 1.2 million to the victim, he would immediately pay KRW 1.5 million by adding the interest by the next day, and at the time, the Defendant was aware that the remaining payment date of the instant land was in advance, but the remainder.