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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) Fraud of mistake of facts against C: The Defendant repaid all of the KRW 30 million borrowed from C.
Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous, which affected the conclusion of the judgment.
“(2) On December 4, 2008, the fraud of H around December 4, 2008: H judged that it is sufficiently possible to recover claims in light of the market price of secured real estate, and lent KRW 130 million to the Defendant, and the Defendant paid interest for a period of more than two years.
Therefore, the defendant is not guilty of money by deceiving H.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
(3) On February 26, 2009, H’s fraud: (a) the Defendant received KRW 100 million from H via L’s account, KRW 30 million in total, and KRW 130 million in total through G’s account; and (b) H acquired land equivalent to KRW 100 million (the purchase and sale deposit of land deposited into the account in the above L’s name). As such, H’s damage amount is KRW 30 million in total.
Nevertheless, the lower court convicted the Defendant of the charges that he defrauded KRW 35 million in cash, KRW 35 million in cash, and KRW 170 million in total through H’s account in the name of H, thereby adversely affecting the conclusion of the judgment by misunderstanding the facts.
(4) The forgery of a sales contract in the name of M and the use of a sales contract: The Defendant entered his/her personal information in the sales contract with the permission of M through AA, which is not forged.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
(5) The sales contract in the name of S was forged and held: The sales contract was signed by AK, the agent of S, with S’s consent, and the Defendant forged.