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The judgment of the court below is reversed.
As to the crime No. 2 of the judgment of the defendant, the crime No. 1, 3, and 4 of the judgment shall be punished by imprisonment of two months.
Reasons
1. Summary of grounds for appeal;
A. On January 15, 2009, the Defendant paid 3 million won directly to D the sum of KRW 2 million,000,000,000,000,000,000, which he/she had borrowed from her mother, from her birth, and from her birth, from her birth.
There is no fact of borrowing KRW 1 million from C on September 16, 2008.
The lower court found the Defendant guilty of the instant accusation.
B. The punishment sentenced by the court below (the crime of paragraph (2) of the crime in the original judgment: imprisonment with prison labor for two months and the crime of paragraphs (1), (3) and (4) of the crime in the original judgment: Imprisonment with prison labor for ten months) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court and the statement made by D witnesses of the trial at the trial court, the following facts or circumstances are recognized.
In other words, it is relatively consistent from the investigative agency to the court of original trial, and consistently stated, “A, at the time of borrowing KRW 3 million from D around September 2008, the Defendant himself/herself guaranteed, and then he/she repaid KRW 3 million in total to D twice (First, 1.2 million, and later, he/she lent KRW 800,000 to J). D did not want to prepare and take a receipt as Defendant letter, but did not want to give it, and around September 16, 2008, he/she directly lent KRW 1.8 million to the Defendant.”
② A relatively consistent from the investigative agency to the trial court, D loaned KRW 3 million to the Defendant on September 2008, and C was also in his/her job, and C was responsible.
Since they did not pay money even after the date of the promise made thereafter, they received 3 million won in lump sum with C.
The loan certificate for KRW 3 million, which was written in the meaning of the receipt to the defendant, was delivered to C, and the defendant was not delivered to C.