Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 merely borrowed money from the damaged party and did not intend to obtain money, and Defendant 1 borrowed money from the damaged party to the remainder of KRW 16,350,00,00 from the damaged party, which was obtained in casino, from the damaged party, but the lower court found Defendant 1 guilty of all the facts charged. In so doing, the lower court erred by misapprehending the facts.
2) The lower court’s sentence (6 months of imprisonment) against an unfair defendant in sentencing is too unreasonable.
B. Prosecutor 1) In relation to the primary facts charged and the instant facts charged, each fraud of 1,2,10 won per annum among the crimes committed, the lower court acquitted the Defendant of this part of the facts charged, even though the Defendant, by deceiving the victim and deceiving the victim of 23 times through 25,130,00 won, which is erroneous in the misapprehension of facts.
2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.
2. Judgment on the Defendant’s assertion of mistake of facts 1) The Defendant in this part of the facts charged is a ship of Chinese nationality.
On April 10, 2014, the Defendant stated that “A victim C intending to gambling in a carhouse, paid the principal in gold, and borrowed 20% of the principal in interest.”
However, in fact, the defendant did not have any other property and did not pay money for gambling, so there was no way to repay the money, so even if he borrowed money from the injured party, he did not have any intention or ability to pay the money.
피고 인은 위와 같이 피해자를 기망하여 2014. 6. 10. 이에 속은 피해 자로부터 액면 금 150만원의 수표를 교부 받은 것을 비롯하여 2015. 8. 18.까지 별지 범죄 일람표 기재와 같이 총 21회( 범죄 일람표 연번 1, 2 제외하고 연번 10 110만원에서 100만원을 뺌, 그리고 내용을 ‘ 무역업을 하는데 돈을 빌려 주면 많은 이자를 주겠다고
The money to be paid for gambling in a carhouse.