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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, while knowing the fact-finding and the fact-finding that H, who had been employed as a corporate head in Vietnam, was aware of the company’s financial situation in a local corporation in Vietnam of the FF corporation, intended the Defendant to borrow money from the victim I, her husband, so there was no deception from the victim as stated in the facts constituting the crime in the judgment below. In addition, the Defendant had been in the process of selling local corporations, including the Vietnam plant, and the Defendant was in the process of selling local corporations including the Vietnam plant at that time. The Defendant was aware that the local corporation in Vietnam would be able to fully repay the funds borrowed from the victim when selling the local corporation in Vietnam, and there was no intention of
B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and investigated in the lower court in misunderstanding of facts: (i) the Defendant was running a F Co., Ltd. (hereinafter “F”) for the purpose of manufacturing and selling textile products and packaging products from around 1988; (ii) invested KRW 5 billion in around 2008 to establish a local corporation F in Vietnam (hereinafter “L Co., Ltd”); and (iii) constructed and operated a factory from around 201 to around 201, where it is difficult for the Defendant to repay its existing debts due to rapid aggravation of funds; and (ii) the Defendant, in fact, prepared a false statement of payment, packing, and cargo receipt, etc. by pretending to export goods without loading, and submitted such false documents; and (iv) obtained loans from the National Bank from around January 1, 2012 to around March 13, 2013; and (v) obtained loans from the National Bank to around 138, 2013; and (v) obtained loans from the National Bank from around 136, 136, 20138.