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The judgment below
The guilty part and the part concerning the transfer of the vehicle to D is not guilty.
Reasons
1. Summary of grounds for appeal;
A. As to the fraud of Defendant A(1) against the victim I, the Defendant did not promise the victim to use the investment money only for the purpose of acquiring K-A, and provided the victim with the investment under the condition of providing security, and the victim actually invested in order to make profits even though he knows that the real estate provided as security is in an auction, so the Defendant did not acquire the investment money by deceiving the victim, and the person who deceives the victim is J, but the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.
(B) As to the fraud against the victim C, the defendant borrowed KRW 8 million from the damaged person to provide the victim-owned vehicle as collateral and to repay the money borrowed from the bond company with the consent of the victim, and the bond company did not refuse to return the above vehicle, but the bond company did not defraud the victim with the above eight million won by deceiving the victim, the court below found the defendant guilty of this part of the facts charged, which affected the conclusion of the judgment.
(2) The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.
B. The court below found the defendant not guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts, even though the prosecutor's (1) misleads the victim as to the fraud of 30 million won in relation to the vehicle security loan business for the victim D, based on the evidence submitted by the prosecutor, such as the victim's statement, etc., the court below found the defendant guilty of this part of the facts charged.
(B) With respect to the fraud of KRW 5 million in relation to the transfer of a vehicle to victim D, the injured party shall transfer the vehicle to the Defendant by deception of the Defendant.